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Law
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\
THE
Jhitgances ftemoVml
AND
DISEASES PREVENTION ACTS,
1848 & 1849,
(11 1 12 VICT. Cap. 188 j 18 & 13 VICT. Cap. 111.)
WITH
U>
CONTAINING
THE DIRECTIONS AND REGULATIONS OF THE GENERAL ,
BOARD OF HEALTH,
WITH
THIRD EDITION.
By WILLIAM CUNNINGHAM GLEN, Esq.,
BARRISTER-AT-LAW.
SHAW & SONS, FETTER LANE,
PRINTERS AND PUBLISHERS OP THE BOOKS AND PORKS OP THE
GENERAL BOARD OP HEALTH.
1849.
LONDON:
Printed by Shaw and Sons, 136, 137, & 138, Fetter Lane.
♦4.4- 1900
tenets'
PREFACE
TO THE
THIRD EDITION.
Having edited two large editions of the Nuisances
Removal and Diseases Prevention Act, 1848, I have
been requested by the publishers to edit the Act of the
last session of parliament, amending that Act.
As the Work is required for the use of the authorities
and public officers charged with the duty of effecting
the removal of nuisances injurious to public health, I
have thought it would prove more acceptable to those
authorities and officers if placed in their hands unen-
cumbered with any lengthened preface.
I have only to draw attention to the increased powers
given to the General Board of Health, and public
bodies charged with the duty of taking proceedings for
the removal of nuisances injurious to health, and the
enforcement of the directions and regulations of the
General Board; and to the provisions which relate to the
closing of burial grounds, and the burial of the dead in
PREFACE.
places not brought under the operation of the Public
Health Act, which have been engrafted upon this Act.
The period of six months, for which the provisions of
the Nuisances Removal and Diseases Prevention Act,
1848, in respect to the prevention of epidemic, endemic,
and contagious diseases, was first put in force through-
out the whole of Great Britain, having expired, her
Majesty's most honourable privy council, by an order
in council dated the 27th March, 1849, put the provi-
sions of the Act in force for a further period of six
months from that date; and as doubts existed whether
the directions and regulations issued by the General
Board of Health in November, 1848, continued in force
after the expiration of the six months, the General
Board of Health, by two orders, dated respectively the
4th of April, 1849, renewed the directions and regula-
tions which they first issued.
I refer to my notes on the various sections in eluci-
dation of the amended Act.
W. C. G.
Essex Court, Tbmplb,
August, 1849.
ADVERTISEMENT
TO THE
SECOND EDITION.
In less than three weeks upwards of a thousand copies
of this Work have been sold, and having been called
upon by the publishers to prepare a Second Edition of
it for the press, I have added to my former notes on
the various sections such further observations as my
experience of the working of this useful statute
suggested to me. I have also, by way of appendix,
inserted the whole of the official documents issued by
the General Board of Health and the Poor Law
Board with reference to the provisions of the Act, and
the prevention and mitigation of cholera.
I trust that the Second Edition of this Work will
merit the extensive support which the first has
obtained.
W. C. G.
a 2
PREFACE.
The Nuisances Removal and Diseases Prevention
Act, 1848, and the Public Health Act, 1848, are the
matured fruits of a lengthened and controversial exa-
mination into the sanitary condition of the principal
cities and towns of Great Britain, and the dwellings
of the labouring classes generally throughout the
country. In the year 1838, the Poor Law Commis-
sioners, in a report to the principal Secretary of State
for the Home Department, called attention to the
serious charge the community were put to when
labourers are suddenly thrown by infectious diseases
into a state of destitution and dependence upon the
parochial and union authorities; and suggested that,
inasmuch as such diseases frequently proceeded from
private nuisances, injurious to the public health, and
produced burdens often so great as to render it good
economy on the part of the administrators of the poor
laws to incur charges for preventing evils of the
nature adverted to, where they are ascribable to phy-
sical causes, the local authorities should be invested
with power to indict parties responsible for the
nuisance, and to make arrangements with the owners
of property, or take other measures according to cir-
cumstances, for ijke removal of the causes of disease
aQ
VI PREFACE.
in cases where there is no ostensible party who could
be required to perform the duty. With the view of
carrying into effect the suggestions of the Commis-
sioners, it was enacted, as regards the metropolis, by
the New Police Act, 2 & 3 Vict. c. 71, s. 41,—
That if the guardians of the poor of any union or parish,
Or the churchwardens and overseers of the poor of any
parish within the metropolitan police district,
Together with the medical officer for any such parish or
union,
Shall be of opinion, and shall certify, under the hands of.
two or more of them and also of the medical officer,
That any house, or part of any house, within the union
or parish, is in such filthy and unwholesome condition
that the health of the inmates or of the public is thereby
affected or endangered ;
Any magistrate, acting within the district in Which the
union or parish is situate, if he shall think fit, may
cause notice to be affixed on the door or other con-
spicuous part of such house, requiring the occupier or
occupiers thereof, to appear before him to answer such
complaint,
Or to cause the same to be cleansed within seven days
of the date of affixing such notice ;
And that if within seven days such house shall not be
cleansed to the satisfaction of the medical officer,
And if the occupier or occupiers being duly summoned
shall not appear before the magistrate, and show suffi-
cient cause to the contrary,
Such magistrate shall, on proof thereof, issue an order
under Lis hand and seal, to the guardians of the poor,
or the churchwardens and overseers, to cause such
house to be cleansed at the expense of the occupier or
occupiers,
And to cause the expense thereby incurred to be levied,
in case of non-payment, by distress and sale of the
goods and chattels of the occupier or occupiers.
But as no authority was thereby given to the guar-
dians or parish officers to charge any expenses incurred
PREFACE. VU
by them in cleansing houses on the poor rates, and as
the authorities Were not empowered to recover from the
owners such costs as could not be recovered from the
occupiers of the premises, this provision) though at first
it may have operated to some extent beneficially, in a
short time fell into desuetude.
. Meantime, by dint of agitation carried on by govern
ment commissions, local associations and committees,
private individuals, and the newspaper press, the
question of sanitary reform became one of the popular
movements of the day. It was not, however, until the
year 1846 that a renewed attempt to provide for the
more speedy removal of private nuisances injurious to
public health, not only in the metropolis but also
throughout Great Britain and Ireland, was made. In
that year the leaders in the sanitary movement, taking
advantage of the excitement occasioned by the appre-
hended approach of Asiatic cholera, procured the
9 & 10 Vict. c. 96, to be passed. That Act enabled the
local authorities to take steps for the removal of any
nuisance injurious to health, and to cleanse houses in
a filthy state, and it also empowered the privy council
to make such rules and regulations as might appear j
expedient for the prevention, as far as possible, of
contagious and epidemic diseases, for the relief of
persons suffering under them, and for the safe and
speedy interment of any person who may die of any
such diseases. But as its operation was limited to
the 31st August, 1847, and to the end of the then
next session of parliament, and as public opinion was
strongly in favour of the utility of the new provisions
VU1 PREFACE.
of the law in this respect, it became necessary before
the terminatioti of the session to bring- forward a
measure of a permanent nature, and in so doing ad-
vantage has been taken of the experience gained in
the practical working of the former Act, and such
amendments and modifications have been made in the
new Act, 11 & 12 Vict, a' 128, as experience had
shown to be necessary. In consequence of the estab*
lishment of the general board of health, under the
Public Health Act, 1848, several provisions are in-
serted in the present Act which were not in the former,
and the opportunity has been taken to make an im-
provement to the General Highway Acts, in regard to
the cleansing of ditches adjoining highways. It is
also to be noticed, as respects the provisions of the
Act relative to the Prevention of Epidemic Diseases
that the power to issue directions and regulations for
the prevention or mitigation of the diseases intended
to be provided against is transferred from the privy
council to the general board of health, and that a
medical man may be appointed, during the continuance
of any order of council directing the provisions of the
Act to be put in force, as an additional member of the
general board of health, for the purposes of the Act.
For such observations as the various sections of the
Act seemed to call for, the reader is referred to the
notes.
. W.C.G.
Essex Court, Middle Temple,
October, 1848.
CONTENTS.
STATUTE 11 & 12 VICTORIA, Cap. 123.
An Act to renew and amend an Act of the 10* A Year of Her
present Majesty, for the more speedy removal of certain
Nuisances, and the prevention of contagious and epidemic
Diseases.
Sect. 1. In England and Ireland certain public bodies, upon
receipt of notice of the filthy condition of any
building, or of the existence of nuisances, to cause
examination of premises to be made, page 1.
If upon examination, or a medical certificate, it appear
thai the nuisance, &c. exists, complaint to be made
to a justice, who shall summon the owner or occu-
pier, p. 7.
Service of summons, p. 8.
Justices, upon proof, &c. to order premises to be white-
washed, or the nuisance to be removed, p. 9.
Service of order, p. 9.
If order be not complied with, the owner or occupier to
be liable to penalties, and public body to enter the
premises, and do the works ordered, or remove the
nuisance, p. 9.
Sung, manure, &c. removed, may be destroyed or sold,
p. 10.
Sbct. 2. In Scotland certain public officers, upon receipt of notice
of the filthy condition of any building, or of the ex-
istence of nuisances, to cause examination of pre-
mises to be made, p. 11.
If upon examination or a medical certificate it appear
that the nuisance exists, complaint may be made
before the sheriff or a justice, who shall order the
owner or occupier to appear and answer complaint,
li.ld.
Service of order to appear to answer complaint, p. 14.
x Contents.
Sheriff or justices to order whitewashing, or removal
of nuisance, p* 14.
Service of order, p. 14.
If order be not complied with, owner or occupier to be
liable to penalties, and the public officers to enter
premises, and do the works ordered, or remove the
nuisance, p. 15.
Sbct. 3. Recovery of costs, &c. from owner or occupier of the
premises in county court, &c. p. 15.
Recovery of costs before justices, p. 16.
Issue of summons to owner or occupier to appear before
justices, &c. p. 17.
Hearing of summons, p. 17.
Costs, if not paid, may be levied by warrant of dis-
tress, p. 18.
If sufficient distress be not found within jurisdiction of
justices, costs may be levied on goods and chattels
wherever found, p. 18.
Sbct. 4. Certain expenses to be defrayed out of poor's rates, &c.
p. 19.
Recovery of costs in parishes in Scotland where there
is no assessment for relief of the poor, p. 20.
Costs, if not paid, may be levied by distress and sale of
goods and chattels of the persons in default, p. 20.
Sect. 5. Act not to apply to districts and places in which the
Public Health Act is in force, p. 21.
Jurisdiction of commissioners of sewers not to be im-
paired, p. 21.
Sbct. 6. Recital of the provisions of 5 & 6 Will. 4, c. 50, and
8&9Vict.c. 41, p. 21.
Surveyor of highways required to cleanse open ditches
adjoining highways, &c. p. 22.
Application of proceeds of sale of sewage, &c. p. 23.
Provisions hereinbefore contained to be deemed part of
Highway Acts, p, 23.
Sect. 7. Drainage into open ditches from new houses a misde-
meanor, &c. p. 23.
Sbct. 8. Notice to be given to general board 'of health, and in
Ireland to commissioners of health, of intention to
build or open hospitals, p. 24.
Contents. xi
SiSCTV 9. .Privy council to issue orders for patting in force the
provisions of Act relative to the prevention of epi-
demic diseases, &c. p. 25.
Sect. 10. After order by privy council, general board of health
may issue directions and regulations for the preven-
tion of epidemic, &c. diseases, p. 26.
And provide for the cleansing of streets, houses, <fcc.
removal of nuisances, and interment of the dead,
j>.27.
Guardians of the poor to superintend and see to
execution of directions of general board of health,
p. 33.
Places to which directions and regulations of general
board of health shall extend, p. 35.
Proviso in case there should be no commissioners of
health in Ireland, p. 38.
Sect. 11. One medical member of general board of health may be
appointed, p. 39.
Treasury to pay allowances to person so appointed, p, 39.
Sect. 12. Poor law commissioners may compel officers to exe-
cute regulations and directions of the general board
of health, p. 39.
Sect. 13. Power of entry for the purpose of enforcing regulations,
p. 41.
Sect. 14. Power of guardians to appoint officers to carry out
regulations of general board of health, p. 41.
Expenses of guardians to be paid out of poor rate, p. 42.
Provision as regards extra-parochial places, p. 42.
Provision as regards places in Scotland in which there
is no assessment for relief of the poor, p. 42.
Sect. 15. Orders, directions, and regulations to be laid before
parliament, p. 43.
And to be gazetted, p. 43.
Sect. 16. Penalty for obstructing execution of this Act, p. 43.
If occupier of premises prevent execution of Act, jus-
tices may by an order in writing require him to
permit the execution of the necessary works, p. 44.
Penalty in case of refusal, p. 45.
zii Contents.
Sect. 17. Recovery of penalties in England or Ireland, p. 45.
And in Scotland, p. 46.
Application of penalties, p. 46.
Sbgt. 18. One or more of several joint owners or occupiers may
be proceeded against alone, p. 46.
Preservation of rights of two or more owners or occu-
piers to recover as against each other, p. 47.
Sect. 19. Unnecessary to describe owner or occupier by name in
certain cases, p. 47.
Sect. 20. Proceedings not to be quashed for want of form, j?. 47.
Sect. 21. Proceedings commenced under 9 & 10 Vict. c. 96, may
be enforced, although that Act has expired, p. 48.
Sect. 22. Interpretation of terms : — " Justice " and "justices ;"
" two justices ;" " sheriff;" " magistrates ;" " guar*
dians of the poor " and " parochial board ;" " street ;"
" owner ;" " person j" pp. 48, 49.
Words and expressions importing the singular number
and masculine gender, p. 49.
Sect. 23. Mode of citing this Act, p. 60.
Sect. 24. Act may be amended, &c. p. 60.
Schedules — A. Notice by householders, p. 61.
B. Summons to appear, p. 62.
C. Order for removal of nuisances, &c. p. 54.
D. Order to permit execution of works by owners,
p. 56.
Appendix: —
Proclamation issued by the Privy Council, on 28th Sep-
tember, 1848, p. 59.
First notification of the general board of health, p. 60.
Second notification of the general board of health, p. 70.
Directions and regulations of the general board of health
issued to poor law unions and parishes, p. 74.
Directions and regulations to towns in which the cholera
has appeared, p. 78.
Documents issued by poor law board, p. 79.
11 & 12 VICTORIA, Cap. 138.
AN ACT
TO BENEW AND AMEND AN ACT OP THE TENTH YEAR OF HER
PRESENT MAJESTY, FOR THE MORE SPEEDY REMOVAL OF
CERTAIN NUISANCES, AND THE PREVENTION OF CONTA-
GIOUS AND EPIDEMIC DISEASES.
4th September, 1848.
Sect. 1. In England and Ireland certain public bodies,
upon receipt of notice of the filthy condition of any
building, or of the existence of nuisances, to cause exa-
mination of premises to be made.] Whereas an Act passed
in the tenth year of her Majesty's reign, for the more
speedy removal of certain nuisances, and to enable the
privy council to make regulations for the prevention of
contagious and epidemic diseases, will expire at the end
of the present session of parliament; and it is neces-
sary that other provision should be made in lieu thereof;
Be it therefore enacted, by the Queen's most excellent
Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this
present parliament' assembled, and by the authority
of the same, that in England and Ireland, upon re-
ceipt^) (or as soon afterwards as can be) by the town
(a) Upon the receipt of the certificate of any two or more inha-
bitant householders, the authorities are to set the machinery of the
Act in motion ; bat they are not compelled to wait till the house-
holders voluntarily sign and deliver the certificate. The authori-
ties are empowered to originate the proceedings, and they may
employ any two inhabitant householders to view the premises and
make the certificate, and pay them their reasonable expenses out
B
2 . 21 ^ 12 Vict c. 123, *. 1.
council (#), or by any trustees or _commissionera:for Ijhe
drainage, paving, lighting, or cleansing, or managing
or directing the police of any city, town, borough or
place (c), or by any other body of a like nature, or by
any commissioners of sewers or guardians of the poor (d)
of the fund under their control, as part of the costs incurred in
obtaining the order for the removal of the nuisance.
(b) The words " or other like body having jurisdiction within
any corporate town, borough, city, or place," which occur in the
9 & 10 Vict. c. 96, s. 1, caused some doubt as to whether the
provisions of the statute applied to places other than corporate
towns ; and it will be observed, that these words having been left
out of the present statute removes any doubt on the point. Its pro-
visions, therefore, apply to all places under t|ie jurisdiction of a town
council, commissioners of sewers, or guardians of the poor. Under
the former Act proceedings for the removal of a nuisance could only
be taken by the guardians of the poor, in towns or places having
no town council, commissioners of sewers, &c., or other like body,
competent to act ; but under this Act the inhabitant householders
may give the requisite notice either to the town council, the trus-
tees or commissioners, or to the guardians of the poor, at their
option. All these bodies have concurrent jurisdiction in the
matter, and may carry out the proceedings for the removal of a
nuisance independent of each other.
(c) The word "place" is of general signification, and is to be
taken to mean any * union, parish, combination," or place where
the matter requiring the cognizance of the officers arises. — See
the interpretation clause, s. 22, " Guardians of the Poor."
(d) The words " guardians of the poor," In the former Act, were
construed to mean the " overseers of every parish, township, hamlet,
or place in which relief to the poor shall not be administered by
guardians ;" but these words, as used in the present Act, are, by
the interpretation clause, to be construed to mean only the "guar-
dians, directors, wardens, governors, parochial board, or other
like officers having the management of the poor for any union;
parish, combination, or place," without specifically mentioning
the overseers ; consequently the Act would be wholly inoperative
in those parishes in England in which the poor continue. to be re-
lieved by the overseers under the statute of Elizabeth, and in
which there is no town council, trustees, or commissioners fo?
Notice of a Nuisance existing. 3
or m Ireland by the officers of heal&rf toy parish (e),
of a notice in writing in the form contained in the
schedule (A.) to this Act annexed, or to the like effect,
signed by two or more inhabitant householders (f) of
—— — — ^^— f T ■-■— ■ ■-■ -nr»mi i-wm^m t»m^ mi i ■» r-i^M-n-f— ■ g-n-»-i ■"■ t» ~. ■ ■ i-.i n i i
I
drainage, &c., or commissioners of sewers, unless the words
" other like officers having the management of the poor/' in the
interpretation clause, apply to overseers. The same words, " other
like officers/' in the interpretation clause of the 9 & 10 Vict. c. 96,
evidently apply to officers other than the overseers, because the
overseers are afterwards expressly mentioned as included in the
words " guardians of the poor." However, the present Act must
be construed independent of the former one ; and although it
would have been advisable to have retained the overseers, as in-
'eluded in the terms "guardians of the poor," still it would seem
that the words, " other like officers having the management of the
poor," are sufficiently comprehensive to include "overseen."
There are, at the present time, 208 parishes }n England which still
manage their poor under the statute of Elizabeth, representing a
population of 216,798 persons.
(e) The vestry of every parish in Ireland, and of every city and
town of 1000 inhabitants and upwards, and every large town where
the lord lieutenant thinks it fit, are ta elect annually two to five
"officers of health," who. are to act. gratuitously; and the ex-
penses incurred by such officers, if not exceeding a sum previously
fixed by the vestry, are defrayed by a parochial assessment. If a
parish which is bound to appoint officers of health neglect to do
so, the justices of the peace at quarter sessions are empowered to
appoint instead. The duties of the officers of health are,—- to
. cleanse streets, lanes, yards, courts, houses let in tenements, and
the yards and gardens of such houses, to remove nuisances, drain
off standing waters, cleanse and fumigate houses in which there
has been contagion, wash the persons and clothes of the inhabi-
tants of such houses, apprehend and remove strolling vagrants,
and provide a place of confinement for them.
(/) Under the former Act the certificate, that the dwelling-
house was in a filthy or unwholesome state, and that it was likely
to be prejudicial to health, was required to be signed by two duly-
qualified medical practitioners, which description being vague and
of no definite legal meaning, frequently led to the dismissal of the
summons, owing to the party prosecuting being unable to prove
b2
4 11 ^ 12 Viet. c. 128, s. 1.
the parish or j>lace to which the notice relates, stating
that, to the best of the knowledge and belief of the
persons by whom such notice is signed, any dwelling-
house or building in any city, town, borough, parish, or
place within or over which the jurisdiction or authority
of the town council, trustees, commissioners, guardians,,
officers of health, or other body (cj) to whom such no-
tice is given, extends, is in such a filthy and unwhole-
some condition as to be a nuisance to or injurious to
the health of any person, or that upon any premises
within such jurisdiction or authority there is any foul
and offensive ditch, gutter, drain, privy, cesspool, or ash-
pit, or any ditch, gutter, drain, privy, cesspool, or ash-
pit kept or constructed so as to be a nuisance to or in*
jurious to the health of any person, or that upon any
such premises swine, or any accumulation of dung,
manure, offal, filth, refuse, or other matter or thing,
are or is kept so as to be a nuisance to or injurious to
the health of any person, or that upon any such pre*
mises (being a building used wholly or in part as a
dwelling house,) or being premises underneath any such
building, any cattle or animal are or is kept so as to
be a nuisance to or injurious to the health of any per-
son (h), such town council, trustees, commissioners,
that the medical practitioners who signed the notice were "duly
qualified ;" besides, the heavy fees to which many medical men
laid claim for the certificate sometimes discouraged the authori-
ties from proceeding against parties for the removal of a nuisance.
The new statute, which requires the notice to be signed by inha-
bitant householders only, who are in most cases quite as competent'
to form an opinion on $£e subject as medical men, will, it is hoped,
greatly facilitate the removal of nuisances wherever they are found'
to exist.
(g-) That is, "or other body of a like nature." See note (d),
page 2.
(fc) This is a much more comprehensive description of the
Service of Notice and Examination of Premises. 5
guardians, officers of health, or other body, or_some
committee (£) thereof which may be temporarily or per-
nuisances to which the statute applies than is contained in the
9 fit. 10 Vict c. 96, in the following words, " filthy and unwhole-
some condition of any dwelling-house, or other building, or of the
accumulation of any offensive or noxious matter, refuse, dung, or
offal, or of the existence of any foul or offensive drain, privy, or
cesspool." The late Act did not, as the present one does, apply to
the keeping of swine, cattle, or other animal, upon any premises
or dwelling-house, so as to be a nuisance to or injurious to the
health of any person ; nor did that Act say that the nuisance must
be injurious to the health of any person, though such was implied
by the form of the certificate required to be given.
AH the descriptions of nuisance mentioned in this Act seem to be
nuisances for the removal or abatement of which proceedings can
he taken against private individuals : but no proceedings can be
taken under it for the removal of nuisances connected with the
carrying on of an offensive trade, such as a bone-boiler, tallow-
fnelter, and the like, unless deposits of a nature likely to be preju-
dicial to or injurious to health are allowed to accumulate on the
premises. The statute gives no authority to interfere with public
nuisances ; and where those exist, the usual remedy by indictment
must be had recourse to by those who are injured by them.
It may be proper to observe that this Act gives no authority to
the local authorities to appoint inspectors of nuisances; conse-
quently, if such appointments be made, any salary which may
be attached to the office cannot be paid out of the poor-rate. The
poor law board have, however, in a circular letter, addressed to
boards of guardians, and dated the 21st October, 1848, stated,
with reference to their circular letter of the 6th October (see Ap-
pendix), that as the duties devolved upon the boards of guardians
under the provisions of this Act may lead to an increase of the
labours of their paid officers, they (the poor law board) are pre-
pared to give a favourable consideration to any proposition for the
temporary appointment, and for the suitable remuneration, of such
assistant officers in the departments of the clerks, the medical
officers, or the relieving officers, as may in any case appear to be
requisite, for the purpose of giving effect to the intentions of the
legislature in framing the Act.
(i) Under the former Act the parties to take proceedings for the
6 11^ 12 Vict. c. 128, s. 1.
inanently appointed in thiabehalf by such town council,
-trustees, commissioners, guardians, officers of health, or
other body, shall, after twenty-four hours' notice in writ-
ing, by delivering the same to some person on the prer
mises referred to in 'such first-mentioned notice, or (if
•there be no' person upon the premises who can be so
served) by fixing the same upon some conspicuous part 6f
such premises, (or in case of emergency without notice)
by themselves, their servants or agents, with, or without
medical or other assistants, enter such premises^), and
-•» iii » ■ i ■ ■■ — ■ ■ .I i i i a 1 1 <■ ! ■ i ■ » — y.,.^^ ■ » pun i
removal of a nuisance were either corporations or quasi corporate
bodies, and, therefore, could only act in the name of their officer.
(Under this Act the authorities directing the proceedings to be
taken may appoint a committee of their number to lay the inform**
tion. But where they do not do so, in the case of a to w& council
in a borough, such town' council should by a resolution give au-
thority to one of their officers to lay the complaint and affix their
.corporate seal to the copy of such resolution, which should Jbepror
duced before the justices. When the information is Jaid by trus*
tees or commissioners, reference must be made to the provisions
of the local Act for the proper course to be pursued. As regards
the guardians of the poor, the 5 & -6 Vict. c. 57, s. 17, enacts,
" that in all cases in which the guardians of any parish or union
are or may hereafter be empowered to make any application or
complaint, or to take any proceedings before any justices at petty
or special or general or quarter sessions, it shall be lawful for any
officer of such .guardians, empowered by any board of such guar-
dians, by an order in writing, under the hand of the presiding
chairman of such board, and sealed with the common seal of such
guardians, to make such application or complaint, or to take such
proceedings on behalf of such guardians, as effectually to all intents
and purposes, as if the same were made or taken by such guar-
dians, or any of them, in person;" and by the 7 &8 Vict. c. 101,
s. 69, any certificate of a board of guardians, or copy of their
minutes, under the seal of the guardians, and signed by the pre-
siding chairman, and countersigned by their clerk, shall, unless the
contrary be shown, be taken to be sufficient proof of the truth of
all the statements contained in such certificate, and of the direc-
tions respecting any order mentioned in the minute.
(A) Under the former Act no power to enter upon the premises,
Complaint before Justice. 7
^examine the same with respect to the matters alleged
in such first-mentioned notice, and do all such works,
matters, and things as maybe necessary for that purpose.
If upon examination, or a medical certificate, it ap-
pear that tits nuisance, tyc. exists, complaint to be made
to a justice, who shall summon the owner or occupier.]
If upon such examination, or upon the certificate in
writing of two legally qualified medical practitioners, (Z)
to view the alleged nuisance, was given, nor could any entry be
made till after complaint to the justices and neglect of the owner
to cleanse and purify the premises, or remove the nuisance. This
right of entry will enable the local body to determine for themselves
-whether the nuisance is of such m nature as to warrant their lay-
- ing a complaint before the justices, or whether it does, in point of
met, exist. But if force be required to enter upon the premises,
care must be taken not to use more than is actually necessary to
obtain admission for the parties going to make the inspection,
otherwise the parties will lay themselves open to an action in
trespass.
. (i) In England, the medical men who sign this certificate must
possess one or other of the following medical qualifications :—
1. A.diploms or licence of the Royal College of Physicians,
London.
2. A degree in medicine from a university in England legally
authorized to grant such degree.
. 3. A diploma or degree as surgeon from a royal college or
university in England, Scotland, or Ireland.
4. A certificate to practice as an apothecary from the 8ociety of
Apothecaries of London.
5. A warrant or commission as surgeon or assistant-surgeon in
her Majesty's navy ; or as surgeon or assistant-surgeon
or apothecary, in her Majesty's army ; or as surgeon or
assistant-surgeon in the service of the Hon. East India
Company, dated previous to the 1st August, 1826.
6. Or he must have been in actual practice as an apothecary on
the 1st August, 1815.
And it will be necessary to prove that the parties signing the cer-
tificate are legally qualified medical practitioners, and the met of
their having signed it will also require to be proved by. evidence
of their identity. The medical men signing the certificate need
8 11 ^ 12 Vict. 6. 123, $. 1.
it appear (m) that any dwelling house or building so
examined is in suoh a filthy and unwholesome condition
as aforesaid, or that upon any premises so examined
there is any such ditch, gutter, drain, privy, cesspool,
ashpit, swine, cattle, or animal, or any such accumu*
lation or other matter or thing as aforesaid, such town
council, trustees, commissioners, guardians, officers of
health, or other body, or such committee shall make
or cause to be made complaint before a justice, (n)
who shall thereupon issue a summons (which may
be according to the form contained in the schedule
B.) to this Act annexed, or to the like effect,) rej
quiring the owner or occupier (o) of the premises exa~
mined to appear before two justices to answer such*
complaint.
Service of summons.] Such summons shall be served
by delivering the same, of a true copy thereof, to some
person upon the premises in respect whereof complaint
is made, or) if there be no person upon the premises who
not necessarily be the medical officers of the union. It will be no
part of the duty of the medical officer to give the certificate ; and
the fee to be paid to whoever signs it should be made a matte* of
special agreement beforehand.
(m) That is, appear to the town council, trustees or commis-
sioners, or guardians of the poor. See the following note.
(») The preliminary examination of the premises complained
of may be made either by the authorities themselves, or by their
servants ; but the complaint to the justices can only be made by
the town council, trustees, commissioners, or guardians; or com*
mittee appointed for the purpose, after it has been made to appear
to them by the report of their servants, that the premises are in
a filthy and unwholesome condition.
(o) As to the definition of the term owner, see section 22> post;
and as to proceedings against joint owners or occupiers, see section
18, pott. The justice who issues the summons must determine
whether the owner or occupier is the party answerable for the
nuisance, and frame the summons accordingly.
Justice/ Order for Removal of Nuisance.
can be so served) by fixing such summons or copy upon
some conspicuous part of such premises (p).
Justices, upon proof $c. to order premises to be white-'
washed or the nuisance to be removed.] If at the time and
place appointed by such summons it be proved to the
satisfaction of such justices that any dwelling house
or building in respect whereof complaint is made is in
such a filthy and unwholesome condition as aforesaid,
or that any such cause or causes of complaint as afore-
said exists or exist; and (in case such owner or occupier
do not appear) that such summons or copy was served
as aforesaid, such justices shall make an order in writ-
ing under their hands and seals, (which order may be
according to the form contained in the schedule (C.) to
this Act annexed, or to the like effect,) for cleansing,
whitewashing, or purifying such dwelling house or
building, or for the removal or abatement of any such
cause or causes of complaint, in such manner and within
such time as shall.be specified in such order (not being
more than two clear days, exclusive of Sunday, after
service of such order as hereinafter directed).
Service of order.] Such order shall be forthwith
served by delivering the same or a true copy thereof to
some person upon the premises in respect whereof it is
made, or (in case there be no person upon the premises
who can be so served) by fixing such order or copy
upon some conspicuous part of such premises.
If order be not complied with, the owner or occupier
to be liable to penalties, and public body to enter the
premises, and do the works ordered, or remove the nui-
sance.] If such order be not complied with, the owner or
0») Proof will also have to be given of the due service of the
summons in the manner here directed, if the owner or occupier do
not appear at the hearing.
b3
10 11 ^ 12 Vict. e. 129, *. 1.
occupier against whom it is made shall be liable to a
penalty not, exceeding ten shillings for every day during
the continuance of his default, and the town .council,
trustees, commissioners, guardians, officers of health,
or other body mentioned therein, shall, by themselves,
their servants or agents, or by .such committee as
aforesaid, their servants or agents, enter such last-
mentioned premises, and cleanse, whitewash, or. purify
the same, or remove or abate the eause or causes of
complaint, in respect whereof the said order shall
have been made, and do all such works, matters, and
things as may be necessary for carrying such order
into effect (q).
Dung, manure, #c. removed, meuy be destroyed or
sold.] Any dung, manure, offal, filth, or refuse, and
any other matter or thing removed by any such town
council, trustees, commissioners, guardians, officers of
health, or other body as aforesaid, in pursuance of this
enactment, may be destroyed or sold>, and in case of sale
the proceeds arising therefrom shall be paid to or (as
the case may require) be retained by the guardians of
the poor, and shall be by them applied in aid of the
rate for the relief of the poor of the parish, electoral
(q) If a pauper be attacked with fever, the guardians of the
union, without reference to the provisions of this statute, may,
upon the advice and recommendation of their medical officer, supply
whatever may be necessary for fumigating and whitewashing the
dwelling of such pauper, and charge the poor rates with the cost
thereof, as constituting a portion of the means essential for the
recovery of the pauper. But they cannot, under the provisions
of this Act, supply materials for whitewashing or fumigating the
houses of the poor, at the cost of the poor rates, merely as a
measure of prevention against fever, unless the houses be in such
a filthy and unwholesome condition as to be a nuisance to or inju-
rious to the health of the inmates, in which case the guardians
may set the machinery of the Act in motion.
Notice of Nuisances existing in Scotland. 11
division, or place in which such removal shall have
ben made (r).
: Sect. 2. In Scotland certain public officers, upon re-
«— — — — —— i — ^— »~ •-, i . — ^— i— — »- ^— — ^— -
(f ) The above provisions relate only to the removal of nuisances
after they are found to exist and to be prejudicial or injurious to
health. No provision is made by this Act for the prevention of a
nuisance; but the Public Health Act, 1848, 11 & 12 Vict. c. 63,
enables the local boards of health to provide proper places as re-
ceptacles of filth, and to cover up open drains, ditches, and the
like, within their jurisdiction. Boards of health, however, will only
be constituted in towns and districts in which there is a large or
dense population, and then only when one-tenth of the inhabitants
of the place, rated to the relief of the poor, agree to petition the
general board of health, or when it shall appear from the returns of
the registrar-general of births, deaths, and marriages, that the deaths
registered annually in the place, in a period of not less than seven
years, have on an average, exceeded the proportion of twenty-three
to a thousand of the population. The more effectually to provide
for the prevention of nuisances, and to improve the public health
in parishes in which there is no local board of health, it is enacted
by the 50th section of the statute in question, that if it shall
appear to a majority of not less than three-fifths of the rated inha-
bitants of any parish containing less than two thousand inha-
bitants on the then last census, in which such Act shall not have
been applied, assembled at a public meeting, that it would contri-
bute to the health and convenience of the inhabitants, that any
pool, place, open ditch, sewer, drain, or place, containing or used
for the collection of any drainage, filth, water, matter, or thing, of
an offensive nature, or likely to be prejudicial to health, should be
drained, cleansed, covered, or filled up, or that a sewer should be
made or improved, a well dug, or a pump provided for the public
use of the inhabitants, the churchwardens and overseers of such
parish shall procure a plan, and an estimate of the cost of executing
such works, and shall lay the same before another public meeting
pf the rated inhabitants of the parish; and if the same shall be ap-
proved and sanctioned by a majority of the rated inhabitants,
assembled at such last-mentioned meeting, the churchwardens
and overseers shall then cause the works in respect of which such
estimate shall have been made and sanctioned to be executed, and
shall pay the cost thereof out of the poor rates of the parish.
12 11 $ 12 Vict. c. 123, s. 2.
ceipt of notice of the filthy condition of any bu%lding T or
of the existence of nuisances, to cause examination of
premises to be made (*).] And be it enacted, that in
Scotland, upon or as soon as can be after notice in
writing in the form contained in the schedule (A*) to
this Act annexed, or to the like effect, signed by two
or more of the inhabitant householders of the pariah
or place to which the notice relates, made to the pro-*
curator fiscal of any county, or the procurator fiscal
or the dean of guild of any royal burgh, or the pro*
curator fiscal of the justices of the peace of any
county, or the commissioners of police or trustees for
paving, lighting, or cleansing any city, town, burgh,
parish, or place, or the inspector of the poor of any
parish, stating that any dwelling house or building
within any royal burgh, or in any city, town, burgh*
parish, or place, within or over which the jurisdiction
or authority of any such procurator fiscal, or of such
dean of guild, or commissioners of police, or trustees
for paving, lighting, or cleansing, or inspector of the
poor, extends, is in such a filthy and unwholesome con-
dition as to be a nuisance to or injurious to the health
of any person, or that upon any premises, within such
jurisdiction or authority there is any foul and offensive
drain, ditch, gutter, privy, cesspool, or ashpit, or any
drain, ditch, gutter, privy, cesspool, or ashpit, kept or
constructed so as to be a nuisance to or injurious to the
health of any person, or that upon any such premises
swine, or any accumulation of dung, manure, offal, filth,
refuse, or other matter or thing, are or is kept so as to
(s) This section extends to Scotland the provisions in the first
section for the removal of nuisances in England and Ireland, in
terms varied only to meet the different state of the law in the
former country, and the local authorities to whom jurisdiction is*
given in the matter. See the notes to the first section.: . . <
Complaint before Sheriff. 13
be a nuisance to or injurious to the health of any person,
or that upon an y such premises (being a building used
wholly or in part as a dwelling house), or being premises
underneath any such building, any cattle or animal are
or is kept so as to be a nuisance to or injurious to the
health of any person, it shall be competent to any such
procurator fiscal or dean of guild, or the proper officer
of such commissioners of police or trustees, or such in-
spector of the poor respectively, after twenty-four hours
from the giving notice in writing by service thereof
upon some person on the premises referred to in such
first-mentioned notice, or (if there be no person upon the
premises who can be so served) by fixing the same upon
some conspicuous part of such premises, or in case of
emergency without notice, by himself or others acting
under his authority, with or without medical or other
assistants, to enter such premises, and examine the same
with respect to the matters alleged in such first-men-
tioned notice, and do all such works, matters, and things
as may be necessary for that purpose.
If upon examination or a medical certificate it appear
that the nuisance exists, complaint may be made before
the sheriff or ajustice 9 who shall order the owner or oc-
cupier to appear and answer complaint] If upon such
examination, or upon the certificate in writing of two
legally qualified medical practitioners (*), it appear that
any dwelling house or building so examined is in such a
filthy and unwholesome condition as aforesaid, or that
upon any premises so examined, there is any such drain,
ditch, gutter, privy, cesspool, ashpit, swine, cattle, or
(0 As to what is a legal medical qualification in England, see
note (0> page 7. In Scotland a diploma or licence from any col-
lege of physicians, or any other body legally qualified to grant a
degree in medicine or surgery, will, it is apprehended, be a suffi-
cient legal medical qualification.
14 11 $ 12 Vict. e. 128, s. 2.
animal/ or any sock accumulation, or other matter or
thing, as aforesaid, such procurator fiscal, dean of guild,
officer, or inspector shall make or cause to be made com-
plaint to the sheriff or magistrates or a justice, who shall
thereupon order the owner or occupier of the premises
examined, to appear be&re such sheriff or magistrates
or two justices to answer .such complaint.
Service of order to appear to answer complaint*] Such
order shall be served by delivering the same, or a true
copy thereof, to some person upon the premises in respect
whereof complaint is made, or (if there be no person upon
the premises, who can be so served) by fixing such order
or copy upon some conspicuous part of such premises.
Sheriff or justice*, to order whitewashing, or removal
of nuisance.] If at the time and place appointed by
such order it be proved to the satisfaction of such
sheriff or magistrates or justices that any dwelling
house or building in respect whereof complaint is made
is; in such a filthy and unwholesome condition as afore-
said, or that any such cause or causes of complaint as
aforesaid exists or exist, and (in case such owner or oc-
cupier do not appear) that such order or copy was served
as aforesaid, such sheriff or magistrates or justices shall
make an order in writing under their hands(which order
may be according to the form contained in the schedule
(C.) to this Act annexed, or to the like effect,) for cleans-
ing, whitewashing, or purifying such dwelling house or
building, or for the removal or abatement of any such
cause or causes of complaint, in such manner and within
such time as shall be specified in such order (not being
more than two clear days, exclusive of Sunday, after
service of such order.
Service of order.] Such last-mentioned order shall
be forthwith served by delivering the same, or a true
copy thereof, to some person upon the premises in
Penalties on Non-compliance with Order. 15
Tespect whereof it is made, or, in case there be no
person upon the premises who can be so served, by
fixing such order or copy upon some conspicuous part
of such premises.
If order be not complied with, owner or occupier to
be liable to penalties, and the public officers to enter
premises, and do the works ordered, or remove the
nuisance.] If such order be not complied with, the
owner or occupier against whom it is made shall be
liable to a penalty not exceeding ten shillings for every
•day during the continuance of his default, and the
procurator fiscal or dean of guild or proper officer of
the commissioners of police, or trustees or inspectors of
•the. poor respectively,' shall, by themselves or others
acting under their authority, enter such last-mentioned
premises, and cleanse, whitewash, or purify the same,
or remove or abate the cause' or causes of complaint in
respect whereof the said last-mentioned order shall
have been made, and do all such works, matters, and
things as may be necessary for carrying such order
into effect; and any dung, manure, offal, filth, or refuse,
and any other offensive or noxious matter or thing
removed in pursuance of this enactment, may be
destroyed or sold, and in case of sale the proceeds
arising therefrom shall be paid to or (as the case may
require) be retained by the parochial board for the
management of the poor, and shall be by them applied in
aid of the funds for the relief of the poor of the parish
or place in which such removal shall have been made.
Sect. 8. Recovery of costs, fyc. from owner or
occupier of the premises in county court, fyc. (t*).]
And be it enacted, that whenever any such order as
(w) As to the recovery and application of penalties under the
Act, see section 17.
16 11 <J- 12 Vict. e. 123, s. 3.
aforesaid for cleansing, whitewashing, or purifying any
dwelling house or building, or for the removal or abate-
ment of any such cause or causes of complaint as afore-
said, has been obtained, all costs and expenses reasonably
incurred in obtaining such order, or in carrying the
same into effect, shall be deemed to be money paid for
the use and at the request of the owner or occupier of
the premises in respect whereof such costs and expenses
shall have been incurred, and may be recovered as
such by the said town councils, trustees, commissioners,
guardians, officers of health, or other body, or by the
said procurators fiscal, deans of guild, commissioners
of police, or trustees and inspectors of the poor respec-
tively, as such, in any county court, civil bill court, or
(in Scotland) before the sheriff or magistrates or justices
of the peace (v).
Recovery of costs before justices.] Or such town
couneil, magistrates, trustees, commissioners, guardians,
officers of health, or other body, or procurators fiscal,
deans of guild, or inspectors of the poor, may, if they
shall think fit, recover such costs and expenses before two
justices, or in Scotland, before the sheriff or magistrates
or two justices, from the owner or occupier of the pre-
mises in respect of which such order is made (x).
(v) It will be seen that only the expenses reasonably incurred
can be recovered in the county court, &c. ; and it will therefore be
necessary to be prepared with evidence that no further expenses
were incurred in removing or abating the nuisance than were
absolutely necessary. '
(a?) It will frequently be found that there are sufficient goods
and chattels upon the premises to permit of a sufficient distress
being levied, and in such cases it would seem preferable for the
parties removing or abating a nuisance to adopt this alternative
mode of recovering the costs, as, when a sufficient distress can be
found, the money will be recovered more expeditiously than by
way of debt in the connty or civil bill court. But when no suffi-
wmmmmammmmmmmmmmmmmKmm^^^m^mmg^^m^^^^m
Issue and Searing of Summons. 17
Issue of summons to owner or occupier to appear
before justices, $c] Any two justices, or, in Scotland,
the sheriff or magistrates or any two justices, upon the
application of any such town council, magistrates,
trustees, commissioners, guardians, officers of health,
or other body, or procurator fiscal, dean of guild, or
inspector of the poor, shall issue a summons, or, in
Scotland, an order, requiring such owner or occupier
to appear before them, or before him or them, at a
time and place to be named therein*
Hearing of summons.] At the time and place so
named, upon proof to the satisfaction of such justices,
or such sheriff or magistrates or justices, that any such
costs and expenses have been so incurred as aforesaid,
and (in case such owner or occupier do not appear)
that a copy of such last-mentioned summons or order
was served by delivering. the same to some person on
the premises in respect of which the costs and expenses
were incurred, or, if there be no person upon the
premises who can be so served, by fixing the same
upon some conspicuous part of such premises, such
justices, or such sheriff or magistrates or justices,
unless they think fit to excuse the party summoned
upon the ground of poverty or other special circum-
stances (y), shall, by order in writing, in England or
Ireland under the hands and seals of such justices, or
in Scotland under the hands of such sheriff or magis-
cient goods or chattels ean be found, the remedy by action of debt
in the county or civil bill court, &c. will be the most proper course,
(y) When payment of the costs is excused on the ground of
poverty or other special circumstances, they will be defrayed out of
the poor rates in the manner directed in section 14. The discre-
tion as to whether the payment of the costs shall be excused, on
the grounds mentioned, rests entirely with the justices or sheriff
before whom the proceedings are taken.
18 . 11 £ 12 Vict. c. 123, *. 3.
trates, or justices, order him to pay the amount to the
applicants, together with the costs attending such ap-
plication and the proceedings thereon.
Costs, if not paid, may be levied by warrant of
.distress.'] If the amount be not paid within seven days
after demand, the same may, by warrant under the
hands and seals of the same or any other two justices,
or, in Scotland, under the hands of the sheriff or
magistrates or justices, by whom the last-mentioned
order shall have been made, or any other two justices,
be levied by distress and sale of the goods and chattels
of the owner or occupier in default
If sufficient distress be not found withinjurisdiction
of justices, costs may be levied on goods and chattels
wherever found.] If no distress sufficient to satisfy the
same can be found within the jurisdiction of the
justices, or of the sheriff or magistrates or justices, by
' whom such warrant shall have been issued, and it so
appear upon oath before two justices, or, in Scotland,
before the sheriff or magistrates or two justices,- of any
other county or jurisdiction in which any goods or
chattels of the defaulter may be, such last-mentioned
justices, or sheriff or magistrates or justices, shall indorse
their or his signatures or signature upon the last-
mentioned warrant, and thereupon the amount to be
levied, or so much thereof as may be unsatisfied, shall
be levied of (z) the last-mentioned goods and chattels,
in the same manner as if such warrant had been
originally and properly issued by the justices, or by
the sheriff or magistrates or justices, of such last-
mentioned county or jurisdiction (a).
(x) This word is so printed in the original. It seems to be a
misprint for off or on, or the words. " by distress 9 may have been
accidentally omitted before the word " of."
(a) This clause, as it is framed, is a great improvement upon
mm^mmmam^^mmmmmmm^^^m^mmm^m'
Defrayal of Expenses* 19
•
Sect. 4. Cer^in expenses to be dtfrayedimt of poor's
rates, $c] And be it enacted that aU costs and expenses
reasonably incurred as aforesaid in carrying into effect
any of the provisions herein-before contained, and not
recovered from any owner or occupier of the premises
in respect of which such expenses shall have been in-
curred (#), shall, upon an order in writing, specifying
the sum to be paid, under the hands and seals of two
justices, or, in Scotland, under the hands of the sheriff
or magistrates or two justices, (who are hereby required
to make such order, upon proper application in this
behalf,) be retained, paid, or defrayed by the treasurer
of such guardians or parochial board, or by the over-
seers of the poor, or other proper officers or persons, out
of the funds in their hands applicable to the relief of
the poor, and shall be charged to the parish, electoral
^division, or place maintaining its own poor in which
the premises in respect whereof such costs and expenses
flhaH have been so incurred are situated, and in other
places in England or Ireland out of any public rates or
funds raised in such places, or applicable thereto under
the authority of parliament, or in case there be no such
rates or funds as last aforesaid, then out of the funds
for the relief of tie poor of the parish, electoral division,
the clause in the former Act, and will greatly facilitate, as well as
render more certain, the recovery of coats under the Act.
(b) If any expenses be incurred before application to the jus-
tices to order the removal of the nuisance, and if the party abate
or remove the nuisance before the hearing of the summons, so as
to render an order unnecessary, and consequently cause the com-
plaint to be dismissed, such party will not be liable to the prelimi-
nary expenses which have been incurred, but they will fall to be
defrayed out of the poor rates under this section, as having been
reasonably incurred in carrying the Act into effect. When the
complaint is dismissed, the justices should be applied to to make
the order for the payment of such expenses.
20 11 ^ 12 Vict e. 123, s. 4.
or place nearest adjoining, or if there be two or niore
parishes or places nearest adjoining, out of the funds
for the relief of the poor of such one of them as two
justices shall, by order in writing under their handB
and seals, appoint.
Recovery of costs in parishes in Scotland where there
is no assessment for relief of the poor.] In case any
such costs or expenses shall have been incurred on
account or in respect of any parish in Scotland in
which it shall happen that there is not at the time an
assessment for the relief of the poor imposed or levied,
then the same shall be paid or defrayed out of an
assessment to be imposed and levied for that purpose,
and to the extent necessary, under and in the manner
provided by an Act of the ninth year of her Majesty's
reign, for the amendment and better administration
of the laws relating to the relief of the poor in
Scotland (c).
Costs, if not paid, may be levied by distress and sale
of goods and chattels of the persons in default.] If any
such treasurer, overseers, or officers or persons, neglect
or refuse to pay the sum specified in any order of
justices, or of any sheriff or magistrates, made under
4his enactment, for the space of twenty-one days after
the date of such order, the same may, by warrant under
the hands and seals of the same or any other two
justices, or, in Scotland, under the hands of the sheriff
or magistrates or any two justices, by whom such order
shall have been made, or any other two justices, be
levied by distress and sale, together with the costs of
(e) This provision, unless when the costs happen to amount to
a considerable sum, will be almost inoperative, as the expense and
trouble attending a special assessment will be so great as altogether
to discourage the authorities from levying the amount necessary
to defray the costs.
WV^mmwm^^mr^^rmmr
mm
Act where not to apply. " 21
such distress and sale, of th6 goods and chattels of the
treasurer, overseers, or other officers or persons in
default (d).
Sect. 5. Act not to apply to districts and places in
which the Public Health Act is in force.] Provided
always, and be it enacted, that nothing hereinbefore
contained shall apply to any district, parish, or place in
which the Public Health Act, 1848, or any part thereof,
shall be in force, unless and except in so far as the
general board of health, by order in writing, sealed
with the seal of such board, and signed by two or more
members thereof, or (in case there be no such board in
existence) as one of her Majesty's principal secretaries
of state, by order in writing under his hand, shall
otherwise direct (e).
Jurisdiction of commissioners of sewers not to be
impaired.] Provided also, that nothing in this Act
shall be construed to impair, abridge, or take away
any power, jurisdiction, or authority which may at
any time be vested in any commissioners of sewers, or
to take away or interfere with any course of proceeding
which might be resorted to or adopted by such com-
missioners if this Act had not been passed ( /).
Sect. 6. Recital of the provisions of & $6 W. 4,
t (d) The costs of the distress and sale in such case must be borne
by the persons in default, as they will have been incurred by their
own laches. But the amount of the original costs can be charged
upon the poor rates as if no such proceeding as this had taken place.
(*) For the powers of the local boards of health to remove or
abate nuisances, cleanse and cover-in ditches, drains! and remove
filth from streets and houses, and cause houses to be purified, see
the 55th, 56th, 58th, 59th, and 60th sections of the Public Health
Act, 1848.
(/) The nature of these proceedings wiU depend upon the,
powers conferred upon the commissioners by their local Act.
22 11 ^ 12 Vict. c. 123, s. 6.
c. 60, and 8^9 "Ptttf. c. 41.] And whereas, by an Act
passed in the sixth year of the reign of King William
the Fourth, for consolidating and amending the laws
relating to highways in England, the surveyor and
district surveyor or assistant surveyor therein men~
tioned are empowered to scour, cleanse, and keep open
all ditches, gutters, drains, or watercourses^); and
by an Act passed in the ninth year of her Majesty's
reign for amending the laws concerning highways,
bridges, and ferries in Scotland, the trustees or sur-
veyors therein mentioned are empowered to cleanse,
the ditches made or to be made along the sides of any
highway, in case of the neglect or refusal of the pro-
prietor or occupier to cleanse such ditches when duly x
required so to do by such trustees or surveyors (h) ;
Surveyor of highways required to cleanse open ditches
adjoining highways, #c] and with a view to the more :
effectual removal of nuisances injurious to health it is
expedient that such surveyor, district surveyor, or
assistant surveyor, trustees or surveyors, should not
(g-) The General Highway Act. 5 & 6 W. 4, c. 50, s. 67, only"
empowered the surveyors of the highways to make, scour, cleanse,
and keep open all ditches, gutters, drains, and watercourses, and
did not require them so to do. Hence the necessity for the pro*
visions contained in this clause.
The 5 & 6 W. 4, c. 50, s. 73, contains provisions for the
removal of whatever matter or thing may be laid on any highway,
so as to be a nuisance.
(A) The Highway Act for Scotland, 8 & 9 Vict. c. 41, s. 22, em-
powers the trustees of the highway, upon the neglect or refusal of 1
the occupier of the land to cleanse side ditches, when duly required
by the trustees to do so, themselves to cause such ditches to be
cleansed, and to levy the expense thereof from the occupier of the
land. But as it is now made the positive duty of the trustees to
cleanse all ditches adjoining or along the sides of the highways,
there would appear to be no longer any obligation on the occupier
to do so.
MM
Sale of Sewage. r 2$
only be empowered but required to scour, cleanse, and
keep clear, or cause to be scoured, cleansed, and kept
clear, as far as may be practicable, all open ditches,
gutters, drains, and watercourses upon, adjoining, or
by or along the sides of any highway : Be it therefore
enacted, that the said surveyor, or district or assistant
surveyor, trustees, or surveyors, shall scour, cleanse,
and keep clear, or cause to be scoured, cleansed, and
kept clear, as far as may be practicable, all open
ditches, gutters, drains, and watercourses upon, ad-
joining, or by or along the sides of any highway ;
Application of proceeds of sale of sewage, $c] and
any sewage, drainage, soil, filth, or other matter or
thing whatsoever which shall be removed by any such
surveyor, district or assistant surveyor, trustees or
surveyors, from any such ditch, gutter, drain, or
watercourse, in scouring, cleansing, and keeping clear
the same, shall be disposed of by such surveyor,
assistant or district surveyor, trustees or surveyors, and
the proceeds arising thqrefrom shall be applied towards
the repair of the highway within the parish or place in
which such removal shall have taken place.
Provisions hereinbefore contained to be deemed part
of Highway Acts.] The provisions hereinbefore con-
tained with respect to ditches, gutters, drains, and
watercourses upon, adjoining, or by or along the sides
of highways, shall, in so far as the same relate to
England, be deemed to be part of the said Act relating
to highways in England, and in so far as the same
relate to Scotland shall be deemed to be part of the
said Act relating to highways in Scotland.
Sect. 7. Drainage into open ditches from new
houses a misdemeanor, #c] And be it enacted, that
whosoever shall suffer any sewage, drainage, soil* filth,
24 XI £ 12 Ttct c. 123, a*. 7, 8.
or any matter or thing of a noxious or offensive nature,
to run or flow into or to remain in any open ditch,
gutter, drain, or watercourse, so as to be a nuisance to
or injurious to the health of any person, from any
dwelling house, building, or other premises which shall
not have been occupied before the passing of this Act,
or from any privy or water-closet which shall not have
been constructed before that time, shall be deemed
gnilty of a misdemeanor, or in Scotland of an offence
punishable by fine or imprisonment, and shall, in addi-
tion, be liable for every such offence to a penalty not
exceeding five pounds for every day during which the
offence is continued (i).
Sect. 8. Notice to be given to general board of
health^ and in Ireland to commissioners of health, of
intention to build or open hospitals.] And be it enacted,
that whenever it is intended to build or open any hos-
pital for the reception of patients afflicted with con-
tagious or infectious diseases or disorders, the trustees
or other persons by whose authority such hospital is
intended so to be built or opened as aforesaid shall give
notice of such intention to the said general board of
health or (in Ireland) to the commissioners of health
herein-after mentioned ; and no such hospital shall be
built or opened as aforesaid until the said general board
of health or commissioners of health, as the case may
be, have approved thereof in writing; but nothing
herein contained shall apply to the building or opening
(*) The ditch, gutter, drain, or watercourse, here referred to,
need not necessarily be on the side of a highway, or near to a
public thoroughfare. If it be so situate as to cause the noxious
matters flowing into it to be a nuisance to or injurious to the
health of any person from any dwelling-house, 6c., it will be within
the statute, -
Issue of Orders by Privy Council. 25
of any addition to a building which shall have been
used as a hospital previously to such addition (k).
Sect. 9. Privy council to issue orders for putting in
force the provisions of Act relative to the prevention of
epidemic diseases, #c] And whereas it is expedient that
when any part of the United Kingdom shall appear to
be threatened with or affected by any formidable epi-
demic, endemic, or contagious disease, measures of
precaution should be taken with promptitude, according
to the exigency of the case, be it therefore enacted, that
in Great Britain the lords and other of her Majesty's
most honourable privy council, or any three or more
of them, (the lord president of the council, or one of
her Majesty's principal secretaries of state, being one,)
and in Ireland the lord lieutenant or other chief governor
or governors and privy council of Ireland, may, by order
or orders to be by them from time to time made, direct
that the provisions hereinafter contained for the pre-
vention of epidemic, endemic, and contagious diseases to
be put in force in Great Britain and Ireland (l) respec-
(k) Some union workhouses in England are still without any
building appropriated for the exclusive reception of contagious or
infectious diseases or disorders, and any addition to a workhouse
already erected for the purpose of providing such accommodation
would seem not to come within the exception in the proviso to
this clause. Whenever, therefore, the guardians of a union deter-
mine upon the erection of a fever hospital on the workhouse
premises, before they can proceed with the building it would
appear to be necessary for them to report their intention to erect
it to the general board of health, and obtain the approval of that
board as well as the approval of the poor law board.
(0 In consequence of the apprehended approach of Asiatic
cholera, the privy council by proclamation, dated 28th September,
1848, (for which see Appendix No. 1,) ordered that the provisions
contained in this Act for the prevention of epidemic, endemic,
and contagious diseases should be put in force throughout the
C
26 11 ^ 12 Viet. c. 123, ss. 9, 10.
tively, or in such parts thereof or in such places therein
respectively as in such order or orders respectively may
be expressed, and may from time to time, as to all or
any of the parts or places to which any such order or
orders may extend, and in like manner, revoke or renew
any such order, and, subject to revocation and renewal
as aforesaid, every such order shall be in force for six
calendar months, or for such shorter period as in such
order shall be expressed (m).
Sect. 10. After order by privy council, general
board of health may issue directions and regulations
for the prevention of epidemic, fyc. disease*] And be.it
enacted, that from time to time after the issuing of any
such order as last aforesaid, and whilst the same shall
continue in force, the general board of health (in Great
Britain) (»), under the seal of the said board, and the
whole of Great Britain immediately from and after the date of the
proclamation.
(m) The former Removal of Nuisances Act, 9 & 10 Vict. c. 96 t
and the Cholera Acts, 2 & 3 W. 4, cc. 10 & 11, enabled the privy
council to establish rules and regulations for the prevention, as far
as might be possible, of the spreading of cholera, or spasmodic or
Indian cholera, or for the relief of any person suffering under or
likely to be affected thereby, and for the safe and speedy interment
of any person or persons who may die of the disease. But the,
present Act, it will be observed, makes it the duty of the board of
health, in Great Britain, and the commissioners of health, in
Ireland, to issue such directions and regulations as they shall think
fit for the prevention, as far as possible, and mitigation of, epide-
mic, endemic, or contagious diseases, and only empowers the privy
council to direct the provisions of the Act in this respect to be put
in force for a limited period. It will also be observed that the Act
makes no special mention of the disease of cholera, and that its
provisions may be put in force whenever any part of the United
Kingdom shall appear to be threated with, or affected by, any
formidable epidemic, endemic, or contagious disease.
(n) The powers of the general board of health, under the Public
Issue of Begvtationsby General Board of Health. 27
hands of two or more members thereof, and in Ireland
the commissioners of health for the time being, under the
hands of two or more of them, may issue such directions
and regulations as the said board or last-mentioned
commissioners (as the case may be) shall think fit for
the prevention, as far as possible, or mitigation, of such
epidemic, endemic, or contagious diseases, and from
time to time, in like manner, revoke, renew, and alter
any such directions or regulations, or substitute such
new directions and regulations as to the said board or
last-mentioned commissioners may appear expedient (o).
And provide for the cleansing of streets, houses, fyc.
removal of nuisances, and interment of the dead.] The
said board or last-mentioned commissioners, as the case
may be, may by such directions and regulations provide
for the frequent and effectual cleansing of streets and
public ways and places by the surveyors, district or
assistant surveyors of highways, trustees, county sur-
veyors, and others by law intrusted with the care and
management thereof, or by the owners and occupiers of
houses and tenements adjoining thereto, and for the
cleansing, purifying, ventilating, and disinfecting (p)
Health Act, 1848, extend only to England and Wales ; but under
this Act they have power to issue directions and regulations for
the prevention and mitigation of epidemic, endemic, or contagious
diseases, throughout Great Britain.
(o) On the 5th and 31st October, 1848, the general board of
health issued notifications with reference to the appearance of
cholera in England and Scotland (Appendix Nos. 2 and 3), and on
the 3rd November, 1848, they issued directions and regulations
for the prevention, as far as possible, and mitigation of the disease.
See Appendix Nos. 4 and 5.
(p) Of all the disinfecting agents which have been tried, chloride
of zinc is found to be the most salutary in its effects. It possesses
the peculiar property of destroying and decomposing noxious
smells arising from the putrefaction of animal and vegetable sub-
o2
28 11 £ 12 Ttet. e. 123, *. 10.
of houses, dwellings, churches, buildings, and places ef
stances immediately on its application to the infected place, and it
is consequently largely used for that purpose in the royal navy
and government establishments, both at home and abroad, as well
as in most hospitals and other large establishments in this country.
It has also been used with great success as a means of preserving
the health of persons employed in cleansing foul drains, emptying,
cesspools, and the like. As the parties who will have to put this
Act in force may not be acquainted with the properties of this
substance, as a disinfecting agent, it has been considered that the
following circular letter of the poor law commissioners on the
subject, addressed to boards of guardians, and the other papers
referred to in it, may be usefully inserted in this place, and tend
to disseminate information upon this important subject :—
Poor Law Commission Office, Somerset House.
6th July, 1847.
Sir, — I am directed by the poor law commissioners to state that
they have received from the secretary of state for the home depart-
ment a copy of a report from the surgeon of her Majesty's ship
Vengeance to the director general of the medical department of the
navy, together with other papers, on the subject of the salutary
effect of chloride of zinc, when used as a disinfecting agent.
In consequence of the prevalence of fever at present in some
parts of the country, it appears very desirable that the properties
of this article, as described in the papers in question, should be
made generally known. The commissioners therefore, in accord-
ance with the suggestion of the secretary of state, transmit here-
with, for the information of the guardians, copies of the papers
referred to, and they request that the guardians will draw the
attention of their medical officers to the same, with the view to
the use of chloride of zinc being adopted under their directions in
the fever wards, and other parts of the workhouses, and in the
dwellings of pauper patients attacked by fever, and that the guar-
dians will, for this purpose, provide such a supply of the article as
may be necessary.
The commissioners are informed that it may be procured at the
office of the proprietors of the patent, No. 53, King William Street,
London-bridge.
The commissioners request that in any case in which chloride
of zinc is used they may receive from time to time reports as to
its efficacy.
I am, Sir, your most obedient servant,
W. G. LUMLEY, Assistant Secretary.
To the Clerk to the Board of Guardians.
Issue of Regulations Jy General Board of Health. 29
assembly, by the owners or occupiers and persons
Admiralty, 22nd June, 1847.
Sib,— I had the honour some time ago to call your attention to
the salutary and extraordinary effect produced by the use of the
chloride of zinc, as a disinfecting agent, and also its singular and
beneficial properties in immediately on its application destroying
and decomposing the noxious smells arising from the putrefaction
of animal and vegetable substances, and also its instant destruction
of the smell of bilge water arising in the holds of ships. I now
-beg leave to solicit your attention to the copy of a letter herewith
inclosed from the surgeon of her Majesty's ship Vengeance, just
returned to Portsmouth, after carrying large bodies of troops ; and
at a period like the present, when contagious fever is spreading far
and wide in Ireland, and in some of our towns from the immigra-
tion of the destitute Irish, 1 cannot but think that its use would
be attended with the greatest advantage, and tend most materially
to the preservation of life and the subduing of the contagion or
infection.
Having, as you will easily suppose, paid more than common
attention to the case of the unfortunate Eclair, I have no hesitation
in saying that it was by the use of the chloride of zinc in that ship
that the fever was finally overcome.
The chloride has been in general use in the navy for more than
a year. I have, &c. W. BURNETT, M.D.
Director General, Medical Department.
Bight Honourable Sir George Grey.
H.M.S. Vengeance, Portsmouth,
13th June, 1847.
Sir, — Having used the chloride of zinc rather extensively, on
board H.M.S. Vengeance, whilst employed in the conveyance of
troops, I think proper to report to you the result thereof. We carried
the 1st battalion of the 42nd regiment, consisting of about 700 men,
women, and children, from Malta to Bermuda. " Meazles " had
prevailed epidemically in the regiment previously to their embarka-
tion, but we received none on board labouring under the disease ;
yet, after being ten days at sea, several cases occurred simulta-
neously among the soldiers, and on the 1st of April, having been
then a month at sea, the disease appeared among our own people,
ten cases occurring on that day, and from that day to the 15th of
'the month, when we arrived at Bermuda, fresh cases were almost
of daily occurrence, either among our own people or the troops.
On getting rid of the troops, which we did at Bermuda, my atten-
tion was of course specially directed to every means whereby the
contagion could be destroyed. Cleanliness and ventilation were duly
80 11 #12 Viet. c. 108, s. 10. '
having the care and ordering thereof, for the removal
attended to, and every part of the ship where the sick had been, after
being cleaned and aired, was sponged well oyer with the solution
of chloride of zinc several times. Than the result nothing could
be better; the disease totally ceased, no fresh case occurring after.
On our passage from Halifax, with the 60th regiment on board,
the weather was ao bad, and the ship working so much, that it was
quite impossible to open any of the lower deck ports, on which
deck the whole of the people lived, troops as well as our own
people, for eight days. The air thoughout the deck was exceed-
ingly vitiated with every mixture of noxious smell ; but the free
use of the chloride of zinc tended, in a most surprising manner,
to do away with the bad smell ; so much so, that the surgeon of the
regiment came to me to get some to use in the part of the ship
where the ladies of the officers were. The effect of the chloride of
zinc is most obvious in correcting all bad and offensive effluvia ;
and, from the sudden and surprising manner in which the meaztes
disappeared after its use, it is not, I think, too much to say, that
it must have been very instrumental in decomposing the miasm,
or state of atmosphere in the ship, which tended to the generation
of the disease.
It has struck me, sir, and I hope you will not deem the observa-
tion out of place, that it might be most beneficially used in the
fever hospitals in Ireland, at the present time, and more especially
in the bousea of t^e better classes of the people there, where fever
now so much prevails.
It strikes me, in such cases, the best way to use it would ben-
after washing and airing rooms where fever had been, to sponge
the boards well over with the solution, and allow the moisture to
dissipate itself with free ventilation.
I have the honour to be, &c. B. VERLING,
To Sir W. Burnett, K.C.H. Surgeon.
&c. &c. &c.
Sir William Burnett's patent fluid, for the preservation of timber,
canvas, cotton, woollen, and of all animal and vegetable substances,
from rot, mildew, moth, and premature decay, is to be applied to
the preservation of animal matter, the disinfection of hospitals, &c.
and of putrescent substances, or the purification of bilge water, in
the following manner : —
To purify *fcA rooms and the wards of hospitals, workhouses,
prisons, factories, and crowded places, the between decks of ships, fyc.
—Moisten, with the diluted solution (in the proportion of one
part of the solution to 60 parts of water), a piece of flannel-cloth*
attached to a long rod, and wave it through the air of the apart*
Issue of Regulatianshf General Board <jf Health. 31
rf nuisances, for the speedy interment of the dead, and
nrent for ten minutes at a time,— in addition to which the floor
should be mopped or sprinkled over with the same dilute solution,
if necessary, several times a day, and a small quantity put into
the close-stools and bed-pans. The water-closets should also be
cleansed with it, and a couple of gallons occasionally thrown down
each.
N.B. For use on board skips, between decks and places where,
from imperfect means of ventilation, it may be inconvenient
to wet tke floors,— Moisten, with the diluted solution, thick
pieces of flannel-doth — the thicker the better — and wave
them through the air of the apartments for ten minutes ; and
then suspend them in the most convenient manner to the
deck-beams, or across the rooms; and keep other similar
pieces of doth, thoroughly and repeatedly saturated with the
same solution, in flat dishes upon the floors. It is essentially
necessary that the bilge water in the holds of vessels be
purified agreeably to the instructions given bdow.
To purify fever wards, in cases of death,— When a patient dies
of fever, the body should be sponged over with the dilute solution
(I to 40), and the dothes and bedding should be immersed and
kept in a sufficient quantity of it for forty-eight hours before bdng
washed. The .floor should be well mopped over with the solution.
Flannel, moistened with it (as before recommended), should be
waved through the room.
To purify the clothes, linen, 8fc^ of sick persons, — Immerse the
articles in the dilute solution (1 to 60) as directed in sick rooms.
To prevent the communication of infectious disease, — Sprinkle the
dilute solution (1 to 50) over the whole of the floor of the apart-
ment, and very slightly on the coverlid of the patient's bed. The
dothes used should be immersed in the solution, and afterwards
thoroughly dried. Moisten pieces of flannel-doth, and use them
as directed above.
To purify the odour of night-chairs, — Put half a pint of the
dilute solution (1 to 50) into the pan previous to its use, and
when emptied rinse it out with a small quantity.
To disinfect dead bodies, and purify rooms for the visits of
searchers, undertakers, and jurymen, and post-mortem examinations,
— Wash the body occasionally with the dilute solution (1 to 50),
which will remove all unpleasant smell, and retard putrefaction.
32 11 $ 12 Vkt. c. 128, s. 10.
generally for preventing or mitigating such epidemic,
endemic, or contagious diseases, in such manner as to
To prepare, and arrest the decomposition of, subjects for dis-
section. — Immerse the subject in the dilute solution (1 to 40), and
let it remain about two hours ; after which time it will be purified.
As the dissection proceeds, the parts should be sponged over with
the same; and, if they are to be preserved, the blood vessels
should be injected with the solution.
To disinfect cesspools, drains, water-closets, fyc. — Pour in a quan-
tity of the solution in proportipn to the capacity of the receptacle.
For ordinary water-closets, one gallon of the dilute solution (1 to
60) will generally be effectual ; for large cesspools, the quantity
must be increased in proportion to their contents.
To purify larders, dairies, stables. — Sprinkle the floor and wash
all the wood work with the dilute solution (1 to 60).
To sweeten musty casks, tubs, fyc. — Rinse them well with the
dilute solution (I to 80).
To destroy canker and fungus in trees, 8fc. — Apply the solution
(1 to 30) carefully with a brush to the parts affected only.
To extirpate bugs and other vermin*— Wash the floors and all
the crevices with the dilute solution (1 to 20). The joints, &c*
of the bedsteads should be moistened by a brush with a solution
consisting of one part of fluid to five parts of water.
To purify bilge-water, and the holds of ships.— The quantity to
be used at a time is twenty gallons of the dilute solution (1 to 20)
for each hundred tons of the ship's measurement. It should be
poured into the air-holes of the ship, so that it may find its way
by the limber-holes into the well ; and it should be thown by a
small engine into places where it may be inconvenient to intro-
duce it by other means. A portion may also be poured down the
ship's pumps, the boxes being previously removed to allow of its
free passage below. The solution should remain in the ship
twenty-four hours. At the expiration of that time, the ship
should be pumped as dry as possible, the well thoroughly cleansed
and washed with the solution, and the operation repeated as often
as required.
N.B. When floors and other woodwork are washed with the
solution, the use of soap or soda should be avoided immediately
before or after its application.
Duties of Guardians. 33
the said board or last-mentioned commissioners (as the
case may be) may seem expedient^).
Guardians of the poor to superintend and see to
execution of directions of general board of health.]
The said board or last-mentioned commissioners may
by any such direction and regulations authorize and
require the guardians of the poor in England (r) and
Ireland^ and the parochial boards for the management
of the poor in Scotland, by themselves or their officers,
or any persons employed by them in the administration
of the laws for the relief of the poor, or by officers
specially appointed in this behalf to superintend and
see to the execution of any such directions and regula-
tions/ and (where it shall appear that there may be
default or delay in the execution thereof, by want or
neglect of such surveyors, trustees, or others intrusted
as aforesaid, or by reason of poverty of occupiers, or
otherwise), to execute or aid in executing the same
within their respective unions and parishes and com-
binations, and in any extra-parochial places adjoining
to or surrounded by the same in which the directions
and regulations of the said board or last-mentioned
commissioners shall not be executed by the inhabitants,
(q) In districts, for which local boards of health may be ap-
pointed under the Public Health Act, 1848, it will be the duty of
those boards, by their officers, to see that all streets and public
ways are kept clean, and all nuisances removed ; but this clause
makes further provision for that duty in unions, and gives ex-
tended powers to the guardians in regard to the cleansing, purify-
ing, ventilating, and disinfecting of all buildings and places of
assembly, when the same is neglected by the owners or occupiers
thereof.
(r) As to parishes having no guardians, and in which the poor
are managed under the statute of Elizabeth, see note (d) to sec-*
tion 1, page 2.
c3
34 11 # 12 Vict, c. 128, *.10.
and to provide for the dispensing ef medicines (s), and
for affording" to persons afflicted by or threatened with
such epidemic, endemic, or contagious diseases such
medical aid(*) as may be required, and to do and pro*
vide all such acts, matters, and things as maybe
necessary for superintending or aiding in the execution
of such directions and regulations, or for executing
the same, as the case may require (t).
^— ^— — »— I — — » — ■ ill — ^i i^— mmmm
(«) Medicine and medical aid must be supplied by the guardians
to persons afflicted with or threatened with epidemic, endemic, or
contagious diseases, whether such persons be actually paupers or
not, and without any reference to questions of settlement.
Aa to the funds out of which the attendant expenses are to be
paid, see section 14 and note.
(*) The following remarks and suggestions, in reference to
cholera, were submitted to the poor law board by Messrs. Martin
and Toynbee and Dr. Farre, who were appointed in December,
1847, to report on the capabilities of the metropolitan work-
houses for the reception and treatment of cholera cases, and are
not inappropriately inserted in this place :—
Introductory Remarks.
Believing it to be the desire of government to direct its atten-
tion and care to the prevention of disease, even more than to its.
cure, we beg leave to submit the following hints, arranged in the
most brief manner, consistent with being intelligible, for the
guidance of such as may be in a position of control over chari-
table or other institutions, or who may be in familiar intercourse
with the working classes. We here confine ourselves to what may
be effected by guardians of workhouses, families, and individuals,
not trenching on those great national measures of prevention which
can alone emanate from an enlightened and careful legislation.
We are certain that vast numbers of lives have been lost from
the ignorance of the lower orders as to what ought to be done
under this and other epidemic invasions.
The hints here offered -are simple and easy of practical applica-
tion. Their adoption on the part of those most openly exposed
to the severity of cholera and other epidemics, would, without
doubt, prove the means of saving many lives , and first, as to the
moral influences.
Places to be affected by Regulations. 36
Places to which directions arid regulations of general
board of health shall extend.']. The directions and regu-
General Suggestions in reference to Cholera.
1. Let despondency give place in the public mind to a cheerful
and confident pursuit of every man's daily occupations. This is
of the utmost importance to health, — a regular, sober, and active
mode of life having everywhere been found eminently preserva-
tive against cholera.
2. Let the notion of the infectious nature of cholera be dis-
missed. It has not a foundation in ascertained fact in any of the
countries visited by the disease.
3. Of numberless examples in proof, we would select the fol-
lowing :—
a. That many hundreds of persons have been seized with cho-
lera, on its first outbreak in a city or camp, within twenty-
four hours; a fact observed in all countries visited by
this epidemic, and one totally irreconcilable with its propa-
gation by infection.
b. That very frequently cholera has broken out in places far dis-
tant from those in which the disease actually prevailed at
the time, no communication whatever existing between the
two localities.
e. That many instances have occurred of the disease swooping
on a district, station, or town previously free from the dis-
ease, disappearing in a few days, and not returning for
months or even years.
d. That the cholera has often been observed to select certain
parts of districts and cities, and those generally the over*
crowded, low,' and damp quarters, committing great
ravages there ; while other localities, and these generally
the elevated and dry, have almost or altogether escaped
invasion.
e. That nowhere have quarantine regulations availed in the least
degree to avert or retard the progress of cholera.
/. That many cities and towns have been altogether exempt
from cholera (as Birmingham and Tain), while it prevailed
generally and fatally within a few miles, and in places hold*
ing uninterrupted common intercourse, as Bilston near
Birmingham, and Inver near Tain.
g> That in the Bengal Presidency, " of between 250 and 300
36 U#X2 Ffcfctf.l23,*.J0.
lations to be issued as aforesaid shall extend to all parts
or places in which the provisions of this Act for the pre*
medical officers, most of whom saw the disease largely,
only three persons were attacked, and only one attack
proved fatal ;" while in the Madras Presidency, during five
years of cholera, there died per annum but one medical
officer out of 77.
h. That the subordinate medical attendants on the cholera
patients have not been, either at home or in India,
attacked by the disease in any greater proportion than the
medical officers.
t. That ordinary patients in hospitals in which cholera is
treated, however debilitated by other diseases, are not
affected by it in a larger proportion, if in so large, as the
healthy out of hospital.
. j. That in France "departments, parishes, towns, and even
villages," have been " inundated" with immigrants from
places " devastated by the disease," yet the inhabitants in
the former places have remained " entirely free."
k. That where several members of a family have been attacked,
the disease has occurred so nearly at, or about, the same
time in each individual, as to forbid the belief in its pro-
pagation from person to person.
4. Let therefore the panic arising from the notion of infection
be dismissed. Such terror predisposes healthy persons to the
disease, while, by fostering a debasing selfishness, it tends also to
deprive the helpless' sick of their natural succour.
5. The natural advantages of an elevated and dry site have been
experienced in all the countries visited by cholera, and they are
here noted as pointing to a most important natural means of pre-
vention.
6. Cholera is the most dangerous of diseases, only because of
its extraordinary acuteness comparatively — in other words, because
it is the most violent in its seizure, and the the most rapid in its
progress and termination of all known diseases. Here the loss of an
hour may compromise life ; and throughout the disease the most
careful and attentive nursing of the sick is of the utmost import-
ance to the cure. Many lives are lost in cholera through the mere
Places to be affected by Regulations. 37
vention of epidemic, endemic, or contagious diseases
shall for the time being be put in force under such
y— — , ^— ■^ — ■ ■ ■ — ■ »" — ^— ■ ■
endeavour of the patient to sit or stand erect, so exhausted are the
powers of life in the latter stages of this disease.
Particular Suggestions, in reference to Cholera,
1. We would urge the necessity, in all cases of cholera, of an
instant recourse to medical aid, and alto under every form and
variety of indisposition ; for during the prevalence of this epi-
demic, all disorders are found to merge in the dominant disease.
2. Let immediate relief be sought under disorder of the bowels
especially, however slight. The invasion of cholera may thus be
readily and at once prevented.
3. Let every impurity, animal and vegetable, be quickly removed
to a distance from the habitations ; such as slaughter-houses, pig-
sties, cesspools, necessaries, and aU other domestic nuisances.
4. Let all uncovered drains be carefully and frequently cleansed.
5. Let the grounds in and around the habitations be drained, so
as effectually to carry off moisture of every kind.
6. Let all partitions be removed from within and without habi-
tations, which unnecessarily impede ventilation.
7. Let every room be daily thrown open for the admission of
fresh air ; and this should be done about noon, when the atmo-
sphere is most likely to be dry.
8. Let dry scrubbing be used in domestic cleansing, in place of
water-cleansing.
9. Let excessive fatigue and exposure to damp and cold, espe-
cially during the night, be avoided.
10. Let the use of cold drinks and acid liquors, especially under
fatigue, be avoided, or when the body is heated.
11. Let the use of cold acid fruits and vegetables be avoided.
12. Let excess in the use of ardent and fermented liquors and
tobacco be avoided.
13. Let a poor diet, and the use of impure water in cooking, or
for drink, be avoided.
14. Let the wearing of wet and insufficient clothing be avoided.
15. Let a flannel or woollen belt be worn round the belly.
N. B.— This has been found serviceable in checking the
tendency to bowel complaint, so common during the preva-
lence of cholera. The disease has, in this country, been
38 11 $ 12 Vict, c* 133, *. 10.
orders as aforesaid, unless such directions and regula-
tions shall be expressly confined to some of such parts
or places, and then to such parts or places as in such
directions and regulations shall be specified, and (sub-
ject to the power of revocation and alteration herein
contained) shall continue in force so long as the said
provisions of this Act shall be in force, under such
orders, in the parts or places to which such directions
and regulations shall under this provision extend.
Proviso in case there should be no commissioners of
always found to commence with a looseness in the bowels,
and in this stage is very tractable. It should, however, be
noticed that the looseness is frequently unattended by pain
or uneasiness, and fatal delay has often occurred from the
notion that cholera must be attended with cramps. In the
earlier stage here referred to there is often no griping or
cramp, and it is at this period that the disease can be most
easily arrested.
16. Let personal cleanliness be carefully observed.
17. Let every cause tending to depress the moral and physical
energies be carefully avoided; let exposure to extremes of heat
and cold be avoided.
18. Let crowding of persons within houses and apartments be
avoided.
19. Let sleeping in low or damp rooms be avoided.
20. Let fires be kept up during the night in sleeping or adjoin-
ing apartments, the night being the period of most danger from
attack, especially under exposure to cold or damp.
21. Let all bedding and clothing be daily exposed during winter
and spring to the fire, and in summer to the heat of the sun.
22. Let the dead be buried in places remote from the habitation
of the living.
By the timely adoption of simple means such as these, cholera
or any other epidemic will be made to lose its venom ; so true is
it that " internal sanitary arrangements, and not quarantine and
sanitary lines, are the safeguards of nations."
For the views of the general board of health on this subject see
the notification issued by that board, Appendix Nos. 2 and S.
Medical Member of Board of Health. 39
health in Ireland.] Provided alwayB, that if at any
time in Ireland there shall not be any commissioners
of health, the lord lieutenant or other chief governor
or governors of Ireland, by his or their warrants, may
appoint so many persons as he or they may think fit,
not being more in number than five, to act as com-
missioners of health in Ireland, without salary, fee, or
reward, and may from time to time remove any of such
commissioners, and appoint any other person in his
stead ; and such commissioners shall for all purposes be
commissioners of health in Ireland within the meaning
and for the purposes of this Act.
Sect. 11. One medical member of general board of
health may be appointed.] And be it enacted, that her
Majesty may from time to time, during the continuance
of any order of her Majesty's privy council or of any
members thereof as aforesaid, by warrant under the
royal sign manual, appoint, in addition to the members
for the time being of the general board of health, one
fit person to be a medical member of such board for
the purposes of this Act, and her Majesty may at her
pleasure remove any person so appointed (u).
Treasury to pay allowances to person so appointed.]
There shall be paid to the person or persons so ap-
pointed such allowance or allowances as shall be
appointed by the commissioners of her Majesty's trea-
sury, out of any monies which may from time to time
be appointed by parliament for that purpose.
Sect. 12. Poor law commissioners may compel officers
to execute regulations and directions of the general board
(«) Dr. T. Southwood Smith, principal physician of the London
Fever Hospital, has been appointed as the medical member of the
general board of health for the purposes of this Act.
40 11 £ 12 Y%cU e. 128, i, 12.
of health.] And be it enacted, that the commissioners
for administering the laws for the relief of the poor in
England and Ireland respectively, and the board of
supervision established under the said Act for the
amendment and better administration of the laws rela-
ting to the relief of the poor in Scotland, may require
the officers and persons acting under them to inquire
into, superintend, and report on the execution of the di-
rections and regulations of the general board of health,
or commissioners of health, as the case may be, under
this Act, and shall have the same powers for enforcing
and directing the execution of such directions and regu-
lations by the said guardians and parochial boards re-
spectively as they now or may hereafter have in rela-
tion to any matter concerning the administration of the
laws for the relief of the poor (v).
(v) The 10th section empowers the general board of health and
commissioners of health, in Ireland, to require the guardians of
the poor in England and Ireland, and parochial boards in Scotland,
to superintend and see to the execution of their directions and
regulations, and does not provide any means of compelling the
guardians or parochial boards to do so. But upon the issue of
any such directions and regulations by the board of health or
commissioners of •health, it would seem to be intended that the
poor law board in England, the poor law commissioners in Ireland,
and the board of supervision in Scotland, shall, under this section,
issue orders to the unions and combinations in which the provi-
sions of the Act, in regard to epidemic, endemic, or contagious
diseases, may, by an order in council, be declared to be in force,
requiring the officers and persons acting under them to inquire
into, superintend, and report on the execution of the directions
and regulations of the general board of health and commissioners
of health ; but what " officers, and persons acting under them,"
are alluded to in the section is not quite apparent, though doubt-
less, the officers of the unions, parishes, and combinations are
intended. Again, it is not easy to see in what way the poor law
commissioners and board of supervision are to enforce and direct
Appointment of Officers by Guardians, fyc. 41
Sec?. 18. Power of entry for the purpose of enforcing
regulations*} And be it enacted; that the said guardians
and parochial boards acting in the execution of any such
directions or regulations as aforesaid, or the officers or
persons by them in this behalf authorized, at reasonable
times in the daytime, may and they are hereby em-
powered to enter and inspect any dwelling or place, if
there be ground for believing that any person may have
recently died of any such epidemic, endemic, or con-
tagious disease in any such dwelling or place, or that
there is any filth or other matter dangerous to health
therein or thereupon, or that necessity may otherwise
exist for executing, in relation to the premises, all or
any of such directions and regulations as aforesaid.
Sect. 14. Power of guardians to appoint officers to
carry out regulations of general board of health.] And
be it enacted, that the said guardians and parochial
boards may appoint or employ, for the superintendence
and execution of the said directions and regulations,
officers or persons (x) in aid of the officers or persons
the execution of the directions and regulations of the general
board of health by the guardians and parochial boards, notwith-
standing that they are to have the same powers of doing so as they
have in relation to any matter concerning the administration of
the laws for the relief of the poor. Two courses would seem to
be open for adoption by the poor law board in England, namely,
to issue an order in the usual way, requiring the guardians and
their officers to carry out the directions and regulations of the
general board of health, and afterwards enforce that order by
mandamus, or else apply at once to the court of Queen's Bench for
a mandamui to the guardians to show cause why they do not
carry out those regulations.
(a?) The guardians and parochial boards under this section will
fiave authority to appoint medical men, whose special duty it
shall be to visit and attend to cases of disease of the nature
42 11 # 12 Viet. c. 128, s. 14.
employed in the administration of the laws for the relief
of the poor.
Expenses of guar dims to he paid out of 'pear rate.]
Such guardians and parochial boards respectively shall
defray the expenses incurred by them respectively
in the superintendence and execution of such directions
and regulations out of the fands of their respective
unions, parishes, or combinations (y).
Provision as regards extra~parochial places.] If any
such expenses shall have been incurred on account or
in respect of any extra-parochial place in England or
Ireland, the same shall, upon an order in writing
specifying the sum to be paid, under the hands and
seals of two justices, who are hereby empowered to
make such order, upon proper application in this
behalf, be paid or defrayed out of any public rates or
funds raised therein or applicable thereto under the
authority of parliament, or in case there be no such
rates or funds as last aforesaid, then out of the funds
of the union or parish for which the guardians by
whom the expenses have been incurred act.
Provision as regards places m Scotland in which
there is no assessment for relief of the poor.] In case
any such expenses shall have been incurred on account
or in respect of any parish in Scotland in which it
shall happen that there is not at the time an assessment
for the relief of the poor imposed or levied, then the
same shall be paid or defrayed out of an assessment to
be imposed and levied for that purpose, and to the
extent necessary, under and in the manner provided by
the said Act for the amendment and better admihiS-
intended to be provided against. As to the remuneration of the
officers, see note to page 5.
(y) In the case of unions and combinations, these expenses will
be charged to, and be paid out of the common fund of the union
Orders, 2fG n to belaid before Parliament. 48
tration of the laws relating to the relief of the poor in
Scotland (z).
Sect. 15 Orders, directions, and regulations to be
said before parliament.] And be it enacted, that every
order of her Majesty's privy council, or of the lord
lieutenant and privy council of Ireland, and every
direction and regulation for the said general board of
health or commissioners of health under this Act, shall,
forthwith upon the issuing thereof, be laid before both
houses of parliament, if parliament be then sitting, and
if not, then within fourteen days next after the conv
mencement of the then next session of parliament.
And to be gazetted.] Every such order of, her Ma-
jesty's privy council, or any members thereof, as
aforesaid, shall be certified under the hand of the clerk
in ordinary of her Majesty's privy council, and shall be
published in the London Gazette, and every such order
of the lord lieutenant and privy council of Ireland shall
be certified under, the hand of one of the clerks of the
privy council of Ireland, and shall be published in the
Dublin Gazette ; and every such direction and regula-
tion as aforesaid when issued in Great Britain shall be
published in the London Gazette and in the Edinburgh
Gazette, and when issued in Ireland in the Dublin
Gazette; and such publication of any such order, direc-
tion, or regulation shall be conclusive evidence of the
order, direction or regulation so published, to all
intents and purposes.
Sect. 16. Penalty for obstructing execution of this
Act.] And be it enacted, that whosoever shall wilfully
^»M^ — ^— — ^— — »— — I I III -^— — — — ^— I i»ii I ■
or combination, notwithstanding that they may have been incurred
in respect of particular parishes only.
(z) See note (c) to section 4, page 20.
U 11 # 12 Vict. e. 123, *, 16»
obstruct any person acting under the authority or em*
ployed in the execution of this Act, or who shall wil-
fully violate any direction or regulation issued by the
general board of health, or such commissioners of health
as aforesaid, under this Act, shall be liable for every
such offence to a penalty not exceeding five pounds (a).
If occupier of premises prevent execution of Act,
justices may by an order in writing require him to per-
mit the execution of tJie necessary works,'] If the
occupier of any premises prevent the owner thereof
from obeying or carrying into effect the provisions of
this Act, any justice, or in Scotland the sheriff or any
justice, to whom application is made in this behalf,
shall by order in writing (which may be according to
the form contained in the schedule (D.) to this Act
annexed, or to the like effect,) require such occupier to
permit the execution of the works required to be exe<-
cuted, provided that such works appear to such sheriff
or justice to be necessary for the purpose of obeying or
carrying into effect the provisions of this Act (b).
(a) By section 12, the poor law commissioners in England and
Ireland, and the board of supervision in Scotland, are to have the
same powers for enforcing and directing the execution of the
directions and regulations of the board of health as they now or
may hereafter have in relation to any matter concerning the
administration of the laws for the relief of the poor. If, therefore,
the poor law board in England issue an order to a board of
guardians for enforcing and directing the execution of the directions
and regulations of the board of health referred to in section 10,
and^such order be not obeyed, the parties wilfully neglecting to
obey it, will be liable to the penalties imposed by the 4 & 5 W. 4,
c. 76, s. 98, for wilfully disobeying the orders of the poor law board.
See note to section 12, page 38.
(ft) Under sections 1 & 2 the justices and sheriffs areempowered
to make an order for cleansing, whitewashing, or purifying any
dwelling house or building, or for the removal or abatement of
any cause of complaint ; but in the event of the occupier of any
Recovery of Penalties. 45
Penalty in ease of refusal.] If within a reasonable
time after the making of such order the occupier
against whom it is made refuse to comply therewith,
he shall be liable to a penalty not exceeding five pounds
for every day afterwards during the continuance of
such refusal.
Sect. 17. Recovery of penalties in England or Ire-
land.] And be it enacted, that penalties imposed by
this Act for offences committed in England or Ireland
may be recovered by any person before any two justices,
and may be levied by distress and sale of the goods
and chattels of the offender, together with the costs of
such distress and sale, by warrant under the hands and
seals of the justices before whom the same shall be re-
covered, or any other two justices ; and in case it shall
appear to the satisfaction of such justices, before or after
the issuing of such warrant, either by the confession of
the offender or otherwise, that he hath not goods and
chattels within (c) their jurisdiction sufficient to satisfy
the amount, they may commit him to any gaol or house
of correction for any time not exceeding fourteen days,
premises preventing the owner from obeying the order of the
justices or sheriff, it would seem that under this section the
occupier cannot be compelled to permit the execution of the
works, unless it be made to appear to the sheriff or justice that
the works are necessary for the purpose of obeying the original
order.
(c) It will be observed, that although, under section 3, the
goods of an offender beyond the jurisdiction of the justices maybe
followed and distrained upon in satisfaction of costs incurred
under the Act, yet such goods cannot be distrained upon for the
recovery of penaltiet imposed by the Act.
This section is altogether confined to the recovery of penalties
for offences under the Act, and it does not apply to the expenses
incurred in the removal of nuisances when the owner or occupier
neglects to remove them within the specified time.
46 11 $ 12 Yict. c. 128, ss. 17, 18.
unless the amount be sooner paid, in the same manner
a3 if a warrant of distress had issued and a return of
nulla bona been made thereon.
And in Scotland.] Penalties imposed by this Aet
for offences in Scotland may be recovered by the pro-
curator fiscal of the court, or by any other person,
before the sheriff or two justices, who may proceed in
a summary way, and grant warrant for bringing the
parties complained upon immediately before him or
them, and on proof on oath by one or more credible
witness or witnesses, or other legal evidence, he or they
may forthwith determine and give judgment, without
any written pleadings or record of evidence, and grant
warrant for the recovery of the penalties and expenses
decerned for, and, failing payment within eight days
after conviction, by poinding and imprisonment for a
period, at the discretion of the sheriff or justices, not
exceeding fourteen days (d).
Application of penalties.] All penalties whatsoever
recovered under this Act shall be paid to or (as the
case may require) be retained by the guardians of the
poor, or, in Scotland, the parochial board for the
management of the poor, and shall be by them applied
in aid of the rates or funds for the relief of the poor of
the parish, electoral division, or place in which the
penalties may have been incurred.
Sect. 18. One or more of several joint owners or
occupiers may be proceeded against alone.] And be it
enacted, that in case of any demand or complaint
under this Act to which two or more owners or occu-
piers of premises may be jointly answerable, it shall be
sufficient to proceed againpt any one or more of them,
(d) See note, preceding page.
Proceedings under Act. 47
without in any manner proceeding against the others
or other of them.
Preservation of rights of two or more owners or
occupiers to recover as against each other.] But nothing
herein contained shall prevent the parties so proceeded
against from recovering contribution in any case in which
they would now be entitled to contribution by law.
Sect. 19. Unnecessary to describe owner or occupier
by name in certain cases.] And be it enacted, that
wherever in any proceeding under this Act, whether
written or otherwise, it shall become necessary to men-
tion or refer to the owner or occupier of any premises^
it shall be sufficient to designate him as the " owner" or
" occupier" of such premises, without name or further
description (*)»
Sect. 20. Proceedings not to be quashed for want of
form.] And be it enacted, that no order nor any other
proceeding, matter, or thing done or transacted in or
relating to the execution of this Act, shall be vacated,
quashed, or set aside for want of form, or be removed
or removable by certiorari, or by suspension or advo-
cation, or other writ or process whatsoever, into any of
the superior courts (/).
(«) It will not infrequently happen that the name of neither
owner nor occupier of the premises complained of can be ascer-
tained—this clause will therefore do away with the necessity of
ail such inquiries ; but care must be taken to describe the premises
accurately, as any material error of description, so as to make it
uncertain what premises are intended to be referred to, would
render the authorities entering upon the wrong premises for the
purpose of removing a nuisance, or for any other purpose in con-
nection with this Act, liable to an action in trespass.
(/) This Act give* no right of appeal from any, order of justices
or sheriffs made under its provisions.
48 11 £ 12 Vict, c. 128, ss. 21, 22.
Sect. 21. Proceedings commenced under 9 ^ 10
Vict. c. 96, ma^ be enforced although that Act has ex-
pired.] And be it enacted, that all proceedings what-
soever commenced or taken or to be commenced or
taken under the said first-recited Act of the tenth year
of her Majesty's reign, and which shall not have been
completed and enforced whilst the last-mentioned Act
continues in force, may be proceeded with and enforced,
under the provisions of that Act, although such pro-
visions be no longer in force, in the same manner in all
respects and to all intents and purposes, as if the same
Continued to be in force, and as if the said last-mentioned
Act had not expired.
Sect. 22. Interpretation of terms.] And be it enacted,
that in this Act the following words and expressions
shall have the meanings hereinafter assigned to them,
unless such meanings be repugnant to or inconsistent
with the context.
" Justice" and "justices"] The words "justice" and
"justices" shall mean a justice or justices of the peace
acting for the place where the matter or any part of the
matter, as the case may be, requiring the cognizance of
the "justice" or "justices," arises (g).
" Two justices."] The expression "two justices" shall
mean two or more justices assembled and acting to-
gether, or one stipendiary or police magistrate acting
in any police court for the place in which the matter or
any part of the matter, as the case may be, requiring
the cognizance of " two justices," arises.
"Sheriff."] The word "sheriff" shall mean the
(g) The former Act required that the justice or justices and
sheriffs acting under it " shall not be interested in the matter."
This limitation on their powers has very properly been omitted in
the present Act.
Interpretation of Words, #c. 49
sheriff of any county or place in Scotland where the
matter requiring the cognizance of the " sheriff" arises,
and shall include the sheriff substitute (A).
u Magistrates"] The word "magistrates** shall
mean the magistrates of any royal burgh in Scotland
where the matter requiring cognizance arises (h).
" 6htardians of the poor" and a parochial board"]
The words " guardians of the poor" and the worth
"parochial board/' shall mean the guardians, di-
rectors, wardens, governors, parochial board, or other
Hke officers having the management of the poor for
any union, parish, combination, or place where the
matter requiring the cognizance of any such officers
arises (i).
u Street"] The word "street" shall include every
highway, road, square, row, lane, mews, court, alley,
and passage, whether a thoroughfare or not.
" Owner."] The word " owner" shall mean any per-
son receiving the rents of the property in respect of
which that word is used from the occupier of such
property, on his own account, or as trustee or agent
for any other person, or who would receive the same
if such property were let to a tenant (k).
" Person."] The word " person," and words applying
to any person or individual, shall apply to and include
corporations, whether aggregate or sole.
Words and expressions importing the singular num-
ber and masculine gender.] Words and expressions
importing the singular number shall include the plural
(A) See note (g), ante, page 48.
(t) As to " guardians of the poor" not including " overseen of
the poor," see note (d) to section 1, p. 2.
(k) If the owner be also the occupier of the property, in any
proceedings against him under the Act, he may be properly
described as either the owner or the occupier.
D
50 11 ^ 12 Vict. c. 123, s$. 23, 24.
number, and words importing the masculine gende* 1
shall include females.
Sect. 23. Mode of citing this Act.] And be it
enacted, that in citing this Act in other Acts of Par-
liament, and in legal instruments and other proceedings,
it shall be sufficient to use the words " The Nuisances
Kemoval and Diseases Prevention Act, 1848."
Sect. 24. Act may be amended, Sfc] And be it
enacted, that this Act may be amended or repealed in
this present session of parliament.
ScJiedule (A.) — Notice by Householders. 51
SCHEDULES
TO WHICH THE FOREGOING ACT REFERS.
Schedule (A.)
Notice by Householders.
To the town council of the borough of [or guardians
of the poor of the union or of the parish of , (/)
in the county of — -, or as the case may be ; or, in Scot-
land, to the procurator fiscal of the county of , or to
the procurator fiscal or dean of guild of the burgh
of , or to the inspector of the poor of the parish
of , or as the case may be.]
We, the undersigned , inhabitants (m) [or, in Scotland,
householders] of f [insert the parish or place], and
residing at , [insert the parish or place before men-
tioned] aforesaid, do hereby give you notice, (») that to the
(/) If the parish be comprised within a union the notice must
be directed to the guardians of the union generally, and not to
the guardians of any particular parish in the union in which the
nuisance sought to be removed exists. The words "or of the
parish of " are introduced to meet the case of a single parish
under the management of a board of guardians, and do not give
an option of preferring the complaint either to the guardians of
the union generally, or to those only of any particular parish
within the union.
(m) The form of the notice only specifies " inhabitants;" but the
first and second sections require that the notice shall be signed
bv two or more inhabitant householders.
m
(n) It will be necessary that a separate notice should be given
in respect to each house or premises in or upon which a nuisance
may be alleged to exist, notwithstanding that the nuisance alleged
be only one in point of fact, as, for instance, an offensive drain or
ditch, running through or communicating with two or more dis-
tinct properties in different occupations, or belonging to different
owners. But if there should be only one owner, or joint owners
of the property, notwithstanding tfcere. may be several distinct
D 2
52 11 £ 12 Ttet. e. 123.— Schedules (A. $ B.)
best of our knowledge and belief a dwelling 1 house [or
building] situate at No. — in street, in aforesaid
[or such other description as may be sufficient to identify
the premises] is in such a filthy and unwholesome con-
dition as to be a nuisance to [or injurious to the health of]
A. B. (o), or as the case may be, [or that upon certain premises
situate at [inserting such a description as may be sufficient
to identify the premises] there is a foul and offensive drain,
ditch, gutter, privy, cesspool, or ashpit, or a drain, Sfc. kept
or constructed so as to be a nuisance to us, or to the occupiere
of the premises adjoining the premises aforesaid, or as the case
may be, or that upon certain premises situate at, fyc. swine,
or an accumulation of dung, manure, offal, filth, refuse, or
matter, or as the case may be, are or is kept so as to be
injurious to our health, or to the health of A. B. or of the
occupiers of the premises adjoining the premises aforesaid,
or of persons living in the neighbourhood, or of the persons
living in the premises aforesaid, as the case may be, or that
upon certain premises, fyc. swine, Sfc. are kept so as to be a
nuisance to us, fyc. as the case may be,] And we hereby
required (p) that you will cause such proceedings to be taken
as are directed in this behalf by the " Nuisances Removal
and Diseases Prevention Act, 1848."
Dated this day of , one thousand eight hundred
and .
A.B.
CD.
Schedule (B.)
Summons to appear.
To the owner (q) [or occupier] of a dwelling house [or
occupations, it would seem that one notice would be sufficient, if
the proceedings are taken against the owner or joint owners, and
not against the occupiers.
(o) That is, the two or more inhabitant householders signing
the notice.
(p) This word is so printed in the original.
( q ) See note (n) to form of notice, schedule (A) as to proceedings
against the owner of property let in separate occupations.
Summons to appear. 53
building, or of certain premises J situate at [insert such a
description as may he sufficient to identify the premises."]
Car SSS&f^3 , 1 Whb **a8 complaint hath been
or metropolitan police dis- v made to the undersigned, one of
to wit. J her Majesty's justices of the peace,
acting in and for the said county of , [or borough, fyc,
of ], or one of the magistrates of the police courts of
the metropolis holden at [or as the case may be], by the
town council (r) of the borough of [or as the case may
be], that a certain dwelling house [or building] situate at
No, — , in the parish of [or as the case may be] in the
county of , [or such other description as may be
sufficient to identify the premises] is in such a filthy and
unwholesome condition as to be a nuisance to or injurious to
the health of A. B. or as the case may be, [or that upon
certain premises situate at [inserting such a description as
maybe sufficient to identify the premises], there is a foul and
offensive drain [ditch, gutter, privy, cesspool, or ashpit, or
a drain, %c. kept or constructed so as to be a nuisance to
A. B. 4*0. [or as the case may be], or that swine [or an accu-
mulation of dung, manure, offal, filth, refuse, or matter, or
as the case may be,] are [or is] kept so as to be injurious to
the health of A. B. or of the occupiers of the premises ad-
joining the premises aforesaid, or of persons living in the
neighbourhood of the premises aforesaid, or of persons living
in the premises aforesaid, or a nuisance to A. B. <fyc. as
the ease may be.] These are therefore to require you to
appear before two of her Majesty's justices of the peace [or
one of the magistrates of the police courts of the metropolis,
at the court holden at ], on the day of next, at
the hour of — — , to answer the matter of the said complaint.
Given under my hand and seal, this day of , in
the year of our Lord one thousand eight hundred and .
J. K. [L.8.]
(r) If the complaint be made by a committee of the town
council appointed for the purpose, it would seem to be proper to
describe the complainants as *' a committee of the town council
of," ke.
54 11 ^ 12 Vict c. l23.->Sckedide (C.)
SCHEDtJLE (C.)
Order for Removal of Nuisances, $c.
To the owner (s) [or occupier] of the dwelling house [or
building or premises] situate at No. — , in street in
the parish of , in the county of [or such other
description as may be sufficient to identify the premises'],
and to the town council of the borough of [or to the
guardians of the poor of the union, or of the parish
of , in the county of , or, in Scotland, the pro-
curator fiscal of the county of , or the procurator
fiscal or dean of guild of the hurgh of or, the pro-
curator fiscal of the justices of the peace of the county
of , or the inspector of the poor of the parish of ,
as the case may be), and to their servants or agents, and
to all whom it may concern.
[ȣSS,1^?_, 1 Whereas on the day of
or metropolitan police dis- v last complaint was made before
trict, or as the cage may be] \ ., ,. jr ,» r v
to wit. J the undersigned [or before J, K.
Esquire, one of her Majesty's justices of the peace acting in
and for the county of [or before the undersigned, or
J. K. Esquire, one of the magistrates of the police courts of
the metropolis, or as the case may be,] by the town council
of the borough of [or by the guardians of the poor of
the union, or of the parish of — , in the county
of—; or, in Scotland, by the procurator fiscal of the
county of , or by the procurator fiscal or dean of guild
of the burgh of , or by the procurator fiscal of the
justices of the peace of the county of—-, or by the in-
spector of the poor of the parish of , as the case may
be], that a dwelling house [or building] situate at No. —
in street, in [the parish or place before mefitioned]
aforesaid, [or such other description as may be sufficient to
identify the premises,] then was in such a filthy and un-
wholesome condition as to be a nuisance [or injurious to the
health of A. B. or as the case may be [or that upon certain
(*) See note (n) to form of notice, schedule (A) as to proceed-
ings against the owner of property let in separate occupations.
i,ni11 "' imMm^^gmmm^t^mmmmmi^mi^m^^mmmmm^mtm
Order for Removal of Nuisances, $c* 55
premises situate at [inserting such a description as may be
sufficient to identify the premises'] there then was a foul and
offensive drain, [ditch, gutter, privy, cesspool, or ashpit, or
a drain, $c. kept or constructed so as to be a nuisance to
A. B. 4*i., as the case may be], or that upon certain pre-
mises, situate, fyc. swine, or an accumulation of dung,
manure, offal, filth, or refuse, or as the case may be, are or
is kept so as to be injurious to the health of A. B. or of the
occupiers of the premises adjoining the premises first afore-
said, or of persons living in the neighbourhood of the
premises first aforesaid, or of persons living in the premises
first aforesaid, or so as to be a nuisance to A. B. fyc: And
whereas the owner [or occupier] of the said dwelling house,
building, or premises having this day appeared before us,
two of her Majesty's justices of the peace acting in and for
the count j [or borough] of [or before me, one of the magis-
trates of the police courts of the metropolis, or, in Scotland,
before the sheriff or magistrates or two justices of the peace,
as the case may be], to answer the matter of the said com-
plaint [or in case the party charged do not appear : And
whereas it hath this day been proved to our [or my] satis-
faction, that a true copy of a summons requiring the owner
[or occupier] of the said dwelling house [or building or
premises] to appear this day before us, [or me] has been duly
served according to the statute in such case made and pro-
vided], and it having been proved [or also proved, as the
case may require,] that the said dwelling house [or building]
is in such a filthy and unwholesome condition as aforesaid
[or that upon the premises aforesaid [or first aforesaid]
there is a foul and offensive drain [privy, cesspool, or ashpit,
or a drain, fyc. kept or constructed so as to be a nuisance
to A, B. fyc. as the case may be], or that upon the premises
aforesaid, or first aforesaid, an accumulation of dung,
manure, offal, filth, or refuse, or as the case may be, is kept,
or a pigsty exists, so as to be injurious to health as aforesaid,
or so as to be a nuisance to A. B. fyc. as the case may be] :
We [or I] do hereby, in pursuance of the statute infeuch case
made and provided, order the said owner [or occupier] of
the said dwelling house [or builing, or premises, or first-
mentioned premises within hours from the service of
56 11 ^ 12 Vict e. 123.— Schedule (D.)
this order [or a true copy thereof], according to the statute
in such case made and provided, to cleanse [whitewash or
purify] the said dwelling house [or to cleanse, cover, or fill
up, or as the case may require, the said drain, [ditch, gutter,
privy, cesspool, or ashpit, or otherwise as the case may
require], or remove Hie said pigstye or accumulation of
dung, offal, filth, refuse, or matter, as the case may be], so
that the same shall not be injurious to health, or a nuisance,
as aforesaid] ; and if this order be not complied with, then
we [or I] authorize and require you the said town council
[or guardians of the poor, or, in Scotland, the procurator
fiscal of the county of , or the procurator fiscal or dean
of guild of the buTgh of — — , or the procurator of the
justices of the peace of the county of , or the inspector of
the poor of the parish of , as the case may be] to enter
upon the said dwelling house, [or building, or premises, or
first-mentioned premises,] and to do all such works, matters,
and things as may be necessary for carrying this order into
effect, according to the statute in such case made and
provided.
And for your so doing this shall be your sufficient
warrant.
Given under our hands and seals [or my hand and seal,
or, in Scotland, our hands, or my hand], this — *- day of
, one thousand eight hundred and .
%»«<*™>{fcs:lw
Schedule (D.)
Order to permit Execution of Works by Owners.
[.rK&ta*. 1 Whereas complaint hath been
or metropolitan police dis- v made to me, E. F. Esquire, one of
inciy or as the case may be] | , »«■•*!•*• j»^i_
towit. J her Majesty's justices of the peace
in and for the county [or borough, fyc] of , [or one of
(t) Id Scotland without seals.
Order to permit Execution of Works by Owners. 5?
the magistrates of the police courts of the metropolis, or as
the ease may be, or in Scotland, to me, G. H. sheriff, or one
of her Majesty's justices of the peace, as the case may he, of
the county of ], hy A. B. owner within the meaning of
the " Nuisances Removal and Diseases Prevention Act,
1848," of certain premises, to wit, a dwelling house [or
building, or as the case may be], situate [insert such a
description of the premises as may be sufficient to identify
them], in the parish of , in the said county [or borough,
4*<?.] that C. D. the occupier of the said premises, doth
prevent the said A. B. from obeying and carrying into effect
the provisions of the said Act, in this, to wit, that he the
said C. D. doth prevent the said A. B. from [here describe
the works generally according to the circumstances ; for
instance, thus : cleansing, or whitewashing, or purifying,
the said dwelling house, [or building,] or cleansing a foul
and offensive drain [ditch, gutter, privy, cesspool, or ashpit]
which exists upon the said premises, or as the case may
require] : And whereas the said C. D. having been sum-
moned to answer the said complaint, and not having shown
sufficient cause against the same, and it appearing (u) to me
that the said works are necessary for the purpose of enabling
the said A, B. to obey and carry into effect the provisions of
the said Act, I do hereby order that the said C. D. do
permit the said A. B* to execute the same in the manner
required by the said Act.
Given under my hand and seal [or, in Scotland, under
my hand] this — day of , in the year of our Lord
one thousand eight hundred and .
E. F. [L.s.](t>).
(u) See note (r), to section 16, p. 42*
(v) In Scotland without seal.
d3
APPENDIX.
Proclamation by thb Phivt Council putting in force
the Contagious Diseases and Nuisances Removal
Act.
At the Council Chamber, Whitehall,
the 28* A day of September, 1848.
By the lords of her Majesty's most honourable privy council.
Whereas by an Act passed in the last session of parliament,
intituled " An Act to review and amend an Act of the tenth year
of her present Majesty, for the more speedy removal of certain
nuisances, and the prevention of contagious and epidemic diseases,"
after reciting that ft is expedient that when any part of the United
Kingdom shall appear to be threatened with or affected by any
formidable epidemic, endemic, or contagious disease, measures of
precaution should be taken with promptitude, according to the
exigency of the case, it is enacted, " that in Great Britain the lords
and others of her Majesty's most honourable privy council, or any
three or more of them (the lord president of the council, or one of
her Majesty's principal secretaries of state being one,) may, by
order or orders to be by them from time to time made, direct that
the provisions in the said Act contained for the prevention of epi-
demic, endemic, and contagious diseases, be put in force in Great
Britain, or in such parts thereof, or in such places therein respec-
tively, as in such order or orders respectively may be expressed,
and may, from time to time, as to all or any of the parts or places
to which any such order or orders may extend, and m like manner
revoke or renew any such order ; and, subject to revocation and
renewal as aforesaid^ every such order shall be in force for six
calendar months, or for such shorter period as in such order shall
be expressed.
Ana whereas the United Kingdom appears to be threatened with
a formidable epidemic disease, in consequence of the progressive
advance of such a disease to the western portion of the continent of
Europe, and a case has arisen for putting in force the provisions of
the saia Act; now, therefore, it is hereby ordered, by tne lords and
others of her Majesty's most honourable privy council (of whom the
right honourable Viscount Palmerston, one of her Majesty's prin-
cipal secretaries of state, is one,) in pursuance and exercise of the
powers so vested in them as aforesaid, that the provisions contained
in the said hereinbefore recited Act for the prevention of epidemic,
endemic, and contagious diseases, be put in force throughout the
whole or Great Britain immediately from and after the date of this
order.
And it is further ordered, that this order shall continue in force
for six calendar months from and after the date thereof.
C. Gaeville.
60 Appendix*
9
DOCUMENTS ISSUED BT THE GENERAL BOARD
OF HEALTH.
First Notification in respect to the Nuisances
Removal and Contagious Diseases Pretention
Act.
General Board of Health, Gwydyr House,
October 5, 1848.
The general board of health having considered the official accounts
which nave been received of the course of Asiatic cholera, since the
presentation of the reports of the metropolitan sanitary commis-
sioners, and haying consulted medical practitioners of eminence and
of special knowledge of the subject, and having compared the
tenor of those recent accounts with the observations made respect-
ing the former mode of the propagation of Asiatic cholera hi
Europe, have now to represent, —
That the experience obtained of this disease, during its former
invasions of this country in the years one thousand eight hundred
and thirty-one and one thousand eight hundred and thirty-two,
and the still larger experience acquired during its recent progress
through Persia, Egypt, Syria, Russia, Poland, and Prussia, appears
to afford ground for the correction of some views formerly enter-
tained concerning it which have an important bearing on the mea-
sures, both of prevention and alleviation, that are expedient to be
adopted.
The extent, uniform tenor, and undoubted authority of the evi-
dence obtained from observers of all classes, in different countries
and climates, and amidst all varieties of the physical, political, and
social conditions of the people, appear to discredit the once preva-
lent opinion that cholera is, in itself, contagious ; an opinion which,
if fallacious, must be mischievous, since it diverts attention from
the true source of danger, and the real means of protection, and
fixes it on those which are imaginary ; creates panic ; leads to the
neglect and abandonment of the sick; occasions great expense for
what is worse than useless ; and withdraws attention from that
brief but important interval between the commencement and the
development of the disease, during which remedial measures are
most effective in its cure.
Although it is so far true that certain conditions may favour its
spread from person to person, as when great numbers of the sick
are crowded together in close, unventilated apartments, yet this is
not to be considered as affecting the general principle of its non-
contagious nature ; nor are such conditions likely to occur in this
country. Moreover, the preventive measures founded on the theory
of contagion, namely, internal Quarantine regulations, sanitary
cordons, and the isolation of the sick, on which formerly the strongest
reliance was placed, have been recently abandoned in all countries
where cholera has appeared, from the general experience of their
inefficiency.
The evidence also proves that cholera almost always affords, by
premonitory symptoms, warning of its approach, in time for the
employment of means capable of arresting its progress. If indeed in
certain situations, as where there is an unusual concentration of
Appendix. 61
the poison, or in certain individuals who are peculiarly predisposed
to the disease, the attack may sometimes appear to be instan-
taneous, still the general conclusions, that cholera is not in itself
contagious, and that it commonly gives distinct warning of its
approach, are two great facts well calculated to divest this disease
01 its chief terrors, and to show the paramount importance of the
means of prevention, so much more certain than those of cure.
The proved identity of causes which promote the origin and
spread of epidemic diseases in general, with those that favour the
introduction and spread of Asiatic cholera, appear to indicate the
true measures of precaution and prevention against a pestilence,
which, after an absence of sixteen years, ana at a season when
other formidable epidemic diseases are unusually prevalent and
deadly, menaces a third visitation ; and the general board of health
would appeal to all classes for their cordial co-operation in carry-
ing into effect the measures which careful consideration has led
them to recommend, in the full conviction that the powers given
by the legislature for this purpose, though they may not be fully
adequate, and though the time to use them may be short, canuot
fail, with such co-operation, to be attended with highly beneficial
results.
With a view of carrying into operation all available means of
Erecautkm against the impending danger, the general board of
ealth recommends that the guardians of the poor in England and
Wales, and the parochial boards for the management of the poor
in Scotland, and their officers, should hold themselves in readiness
to execute such directions as the general board of health may see
fit to issue from time to time, under the provisions of the Act of the
11 & 12 Vict. c. 123, intituled " An Act to renew and amend an Act
of the tenth year of her present Majesty, for the more speedy
removal of certain nuisances, and the prevention of contagious and
epidemic diseases."
The guardians of the poor and the parochial boards will probably
be required, either by themselves individually or by persons
employed or to be specially appointed by them for the purpose, to
make examinations from house to house of their several districts,
and report to their boards upon the state of each locality as far as
regards the prevalent sickness, and the removable causes upon
which it may appear to depend. These visitations from house to
house will be especially required in the dangerous districts ; and it
is to be kept in view that every district or place is dangerous m
which typhus and other epidemic diseases have regularly recurred.
The boards of guardians and parochial boards will have to put
in force, whenever it may appear to be required, those provisions
of the Act that relate to nuisances.
Great benefit having been derived from the cleansings that were
resorted to on the former visitation of cholera, and experience
having shown that preventive measures against cholera art also
preventive against typhus and other epidemic and endemic diseases,
the boards of guardians should carry into immediate effect all
practical measures of external and internal cleansing of dwellings
m the ill-conditioned districts.
The chief predisposing causes of every epidemic, and especially of
cholera, are damp, moisture, filth, animal and vegetable matters
in a state of decomposition, and, in general, whatever produces
atmospheric impurity ; all of which have the effect of lowering
the health and vigour of the system, and of increasing the bus-
62 Appendix.
eeptibility to disease, particularly among the young, the aged, and
the feeble.
The attacks of cholera are uniformly found to be most frequent
and virulent in low-lying districts, on the banks of rivers, in the
neighbourhood of sewer mouths, and wherever there are large col-
lections of refuse, particularly amidst human dwellings. In a
recent proclamation, issued for the protection of the population of
the Russian empire, the important influence of these and similar
causes has been recognized, and the practical recommendations
founded thereon are " to keep the person and the dwelling-place
clean^ to allow of no sinks close to the house, to admit of no poultry
or animals within the house, to keep every apartment as airy as
possible by ventilation, and to prevent crowding wherever there
are sick."
Householders of all classes should be warned, that their first
means of safety lies in the removal of dung heaps and solid and
liquid filth of every description from beneath or about their houses
and premises. Though persons long familiarized to the presence of
such refuse may not perceive its offensiveness, nor believe in its
noxious properties, yet all who desire to secure themselves from
danger should labour for the entire removal of filth and the thorough
cleansing of their premises, which also the law will require of each
person for the protection of his neighbours, as well as for his own
safety.
Next to the perfect cleansing of the premises, dryness ought to
be carefully promoted, which will of course require the keeping up
of sufficient fires, particularly in the damp and unhealthy districts,
where this means should be resorted to for the sake of ventilation as
well as of warmth and dryness.
From information recently obtained from Russia, it appears that
in some barracks, and other places in which large numbers of
people are congregated, where these conditions have been attended
to in a manner that may be equally practised in private houses,
there has been a comparative immunity from the prevailing epi-
demic, exactly as in this country, where in public institutions,
though as yet by no means perfect in the means of ventilation,
there has been an almost entire exemption from epidemics which
have ravaged private houses in the very same districts.
But while a certain amount of cleansing can be effected by every
householder, each in his own premises, the means of thoroughly
purifying the densely populated districts are beyond the power of
. private individuals.
Accordingly, by the recent Act 11 & 12 Vict. s. 128, sect. 1, in
cases of inability, insufficiency, or neglect, the law has charged the
cleansing operations upon certain public bodies, namely, "the
town councils, or any trustees or commissioners for the drainage,
paving, lighting, or cleansing, or managing or directing the police,
or any other body of a like nature, or any commissioners of sewers,
. or guardians of the poor."
By this Act it is provided, that upon notice, in writing, signed
by two or more inhabitant householders, that any dwelling-house
or building is in a filthy and unwholesome condition, or that there
are upon such premises any foul and offensive cesspool, drain,
putter, or ditch, or any accumulations of filth, or that swine are so
• kept as to be a nuisance or injurious to health, the authorities shall
examine or cause the premises to be examined; and if upon exami-
• nation, or upon a medical certificate of two legally qualified prac-
Appendix. 63
trtfcmers, it appears that the nuisance exists, the public authority
shall make complaint before two justices, who are required to make
order for the removal of such nuisance. The amended provisions
contained in this Act should be early considered, promulgated, and
enforced, especially those for the proper cleansing of open and foul
ditches, near habitations, by the labourers under the direction of
surveyors or trustees of highways.
The union medical officers, whose duties take them to the relief
of the destitute sick, are necessarily familar with the places in
which disease is most prevalent and fatal, and these are invariably
found to be the dirtiest localities, where, consequently, the cleans-
ing operations are most required; andtne Nuisances Removal Act
imposes upon the guardians the duty of directing and enforcing the
proper performance of these operations.
In several districts the police, in going their usual rounds, have
' been employed with great advantage in reporting daily as to the
houses, courts, alleys, passages, and streets within their district
most in need of cleansing : as to the carelessness or neglect of the
scavengers in the performance of their duties, and as to the exis-
tence of nuisances of various kinds. The boards of guardians, or
special committees formed out of their body, are therefore recom-
mended to associate themselves with special committees of town
councils, who, by their watch committees, have the control of the
police, and to engage for these purposes the valuable services of
this force.
Highly important services have been rendered by the parochial
clergy and other ministers of religion, in association with lay com-
mittees, for the purpose of maintaining a system of house to house
visitation in the more depressed districts ; and wherever it is prac-
ticable, the boards of guardians are recommended to associate with
a special committee of their own number (who for the time may be
exempted from ordinary duties) the clergy of the respective parishes
and the ministers of other religious denominations, and to call
upon the medical and other union officers to give their aid to this
committee.
It is conceived that such parochial special committee would,
among other useful purposes, be .peculiarly serviceable in commu-
nicating information to the poorer classes as to the particular
means of prevention within their reach, and as to the urgent neces-
sity, at this season, of personal and household cleanliness, of venti-
lation, and of a careful and temperate mode of living.
By the Contagious Diseases jPrevention Act. the general board
of health is required to frame rules and regulations to assist and
direct the guardians of the poor and other local authorities in the
performance of the special duties imposed upon them whenever the
country is visited or threatened by any formidable epidemic or
contagious disease ; and accordingly the board has lost no time in
putting itself in communication with the poor law commissioners,!
with the view of taking all practical precautions against the/
scourge which is so steadily approaching our shores; and th<
board is now engaged in preparing regulations for the more public
and general measures of prevention and alleviation, which will bj
issued and put in execution in the several districts, as soon as the*
particular conditions shall have been ascertained. v /
In the mean time, if notwithstanding every precautionary mea-
sure which can be taken, this disease should unhappily break out
in any district, then it will be essential to the safety of the inhabi-
64 Appendix.
tants that they should be fully impressed with the importance
of paying instant attention to the premonitory symptom that
announces the commencement of the attack.
This premonitory symptom is looseness of the bowels, which there
is reason to regard as universally preceding the setting in of the
more dangerous stage of the disease. Sometimes, indeed, under
the circumstances already described, namely, where the poison
exists in unusual intensity, or the constitutional predisposition is
unusually great, the first stage may appear to be suppressed, as
occasionally happens in violent attacks of other diseases ; but in
cholera this event is so rare, as to be practically of no account;
and in all countries, and under all varieties of conditions in which
this disease has been epidemic, the experience as to this point
uniformly agrees with what is observed at the present moment at
Hamburgh.
*' In most cases/' writes the' British consul, respecting the
Spidemic wfaioh has just broken out in that city, " the disease has
ret manifested itself in a slight relaxation of the bowels, which
if promptly attended to, the patient generally recovers ; but if the
symptoms are neglected, spasmodic attacks ensue, and death follows
mostly in from four to six hours."
This looseness of the bowels may be accompanied with some
degree of pain, which however is generally slight ; but in many
cases pain is wholly absent ; and for some hours and even days
this bowel complaint may be so slight as to appear trifling ; so that
without a previous knowledge of the importance of the warning, it
might easily escape notice altogether.
ft must be repeated, however, that whenever Asiatic cholera is
epidemic, the slightest degree of looseness of the bowels ought to be
regarded and treated as the commencement of the disease, which
at this stage is capable of being arrested by simple means, but if
neglected only for a few hours, may suddenly assume a fatal form.
It will be indispensable, therefore, on the first outbreak of
cholera, that the local authorities should immediately make
arrangements for daily house to house inspections of the poorer
localities in their respective districts ; this being the only practical
means by which, in the most dangerous situations and among the
most susceptible subjects, the existence of the premonitory symptom
can be ascertained in time to administer the proper remedies, so as
to arrest the progress of the disorder.
Heads of families, masters of schools and workhouses, proprie-
tors of large establishments and works, such as factories, mines,
warehouses, wharfs, and docks, should either be their own inspec-
tors, or employ some trustworthy agent to examine daily every
person in their employment, and to give at once the proper remedy,
if the premonitory symptom should oe present.
Eacn member of the visiting committee should be provided with
proper remedies, prepared in appropriate doses for administration
on the spot, in every instance in which the premonitory symptom
is found to exist ; and should report every person so treated as
requiring the instant attention of the medical officer.
Dispensaries for bowel complaints should be established at con-
venient stations, at which the neighbouring inhabitants may apply
for the proper remedies and advice the moment they are attacked
by the premonitory symptom.
Experience having shown that the establishment of cholera hos-
Appendix. 85
pitals was not successful, the best provision practicable must be
made for affording assistance to the individuals who may need it
at their own houses : and one of the best modes of effecting this
object will probably be the selection of proper persons who may be
instructed as nurses in the special services required on this occa-
sion, and paid for devoting their whole time to attendance on the
sick at their own habitations, under the direction of the medical
officers.
It will also be necessary to engage a sufficient number of medical
officers at suitable remuneration, some to devote their whole time
by day and night to the service of the dispensaries, and others to
attend the sick at their own dwellings.
As, however, cases may occur of extreme destitution in the
neighbourhoods and houses wholly unfit for the curative treatment
of the sick, provision should be made for the reception of such
oases, either in the common hospitals, in the union houses, or in
separate apartments specially prepared for the purpose, and pro*
perly warmed and ventilated.
Medical authorities are agreed that the remedies proper for the
premonitory symptom are the same as those found efficacious in '
common diarrhoea ; that the most simple remedies will suffice, if
given on the first manifestation of this symptom ; and that the
following, which are within the reach and management of every
one, may be regarded as among the most useful, namely, twenty
grains of opiate confection, mixed with two table spoonsful of
peppermint water, or with a little weak brandy and water, and
repeated every three or four hours, or oftener, if the attack is
severe, until the looseness of the bowels is stopped ; or an ounce of
the compound chalk mixture, with ten or nfteen grains of the
aromatic confection, and from five to ten drops of laudanum,
repeated in the same manner. From half a drachm to a drachm
«f tincture of catechu may be. added to this list, if the attack is
severe.
Half these quantities should be given to young persons under
fifteen, and still smaller doses to infants.
It is recommended to repeat these remedies night and morning,
for some days after the looseness of the bowels has been stopped.
But, in all cases, it is desirable, whenever practicable, that even
in this earliest stage of the disorder recourse should be had to
medical advice on the spot.
Next in importance to the immediate employment of such reme-
dies, is attention .to proper diet and clothing. Whenever Asiatic
cholera is epidemic, there is invariably found among great numbers
of the inhabitants an extraordinary tendency to irritation of the
bowels ; and this fact suggests, that every article of food which is
known to favour a relaxed state of the bowels should, as far as
possible, be avoided — such as every variety of green vegetables,
whether cooked or not, as cucumber or salad. It will be important
also to abstain »from fruit of all kinks, though ripe and even
cooked, and whether dried or preserved!. The .most wholesome
Articles of vegetable diet are — well-baked, but not new bread, rice,
oatmeal, and good potatoes. Pickles should be avoided. Articles
of food and drink wnich, in ordinary seasons, are generally whole-
some, and agree well with the individual constitution, may, under
this unusual condition, prove highly dangerous. The diet should
be solid rather than fluid ; and those who have the means of
66 Appendix.
choosing, should live principally on animal food, as affording the
most concentrated and invigorating diet ; avoiding salted and
smoked meats, pork, salted and shell fish, cider, perry, ginger-beer,
lemonade, acid liquors of all descriptions, and ardent spirits. Great
moderation, both in food and drink, is absolutely essential to safety,
during the whole duration of the epidemic period. One single act
of indiscretion has, in many instances, been followed by a speedy
and fatal attack. The intervals between the meals should not be
long ; cholera being uniformly found to prevail with extraordinary
intensity among the classes that observe the protracted fasts
common in the eastern and some European countries.
With reference to these recommendations the College of Physi-
cians have published the following recommendations on the subject
of cholera. — Ed.
The Royal College of Physicians of London, feeling that on the
re-appearance of epidemic cholera in England the public mav
naturally look to them for advice and guidance, have deemed it
proper to appoint a cholera committee, composed of physicians
who hold important offices in the metropolitan hospitals, or who
had extensive experience of the disease at its last visitation, to
consider what measures it is expedient to adopt with a view of
preventing the spread of the disease, and of otherwise mitigating
its evils.
The committee thus formed have, in compliance with the wish of
the college, drawn up the following remarks and instructions, for
the information of the public : —
1. Cholera appears to have "been very rarely communicated by
Sersonal intercourse ; and all attempts to stay its progress by cor-
ons or quarantine have failed. From these circumstances the
committee, without expressing any positive opinion with respect to
its contagious or non-contagious nature, agree in drawing this
practical conclusion, that in a district where cholera prevails no
appreciable increase of danger is incurred by ministering to persons
affected with it, and no safety afforded to the community by the
isolation of the sick.
2. The disease has almost invariably been most destructive in the
dampest and filthiest parts of the town it has visited. The com-
mittee would, therefore, urge on the public authorities the pro-
priety of taking immediate steps to improve the state of sewers
and drains, to cover those which are open, and to remove all col-
lections of decaying vegetable and animal matter from the vicinity
of dwellings. They would also impress on individuals, especially
of the poorer classes, the great importance of well-airing their
rooms, and of cleanliness in both their dwellings and persons.
3. A state of debility or exhaustion, however produced, increases
the liability to cholera. The committee, therefore, recommend all
persons during its prevalence to live in the manner they have
hitherto found most conducive to their health ; avoiding intem-
perance of all kinds and especially the intemperate use of ardent
spirits and other intoxicating liquors. A sufficiency of nourishing
food: warm clothing, and speedy change of damp garments;
regular and sufficient sleep ; and avoidance of excessive fatigue, of
long fasting, and of exposure to wet and cold, more particularly
Appendix. 6?
The practical importance of these cautions might be illustrated
by striking examples. Dr. Adair Crawford states, that in Russia
the most intense of all the attacks were those that followed a
at night, are important means of promoting or maintaining good
health, and thereby afford protection against the cholera.
The committee do not recommend that the public should abstain
from the moderate use of well-cooked green vegetables, and of ripe
or preserved fruits. A certain proportion of these articles of diet
is, with most persons, necessary for the maintenance of health : and
there is reason to fear that, if they be generally abstained from,
now that the potatoe crop has in great measure failed, many per-
sons, especially amongst the poor in large towns, will fall into that
ill-condition which in its highest degree is known as scurvy, and
that they will in consequence be the readier victims of cholera.
The committee likewise think it not advisable to prohibit the use
of pork or bacon, or of salted, dried, or smoked meat or fish, which
have not been proved to exert any direct influence in causing this
disease. Nothing promotes the spread of epidemic diseases so
much as want of nourishment, and the poor will necessarily suffer
this want, if they are led to abstain from those articles of food on
which, from their comparative cheapness, they mainly depend for
subsistence.
On the whole, the committee advise persons living in districts in
which cholera prevails to adhere to tnat plan of diet which they
have generally found to agree with them, avoiding merely such
articles of food as experience may have taught them to be likely to
disorder the stomach and bowels.
4. The committee are unable to recommend an uniform plan of
treatment to be adopted by the public in all cases of looseness of
the bowels, supposed to be premonitory of cholera. It is, doubt-
less, very important that such ailments should be promptly at-
tended to ; but since they may arise from various causes, ofwhich a
medical man can alone judge, the committee deem it safer that per-
sons affected with them should apply at once for medical assistance,
than that they should indiscriminately use, of their own accord, or
on the suggestion of unprofessional persons, powerful medicines in
large and frequently repeated doses. Should the looseness of the
bowels be attended with feelings of great exhaustion and chilliness,
the person should, of course, be placed in a warm bed, and the
usual means of restoring warmth to the body be assiduously
employed, until professional advice can be obtained.
5. In order that the poor may have the means of obtaining such
assistance promptly, the committee recommend that the proper
authorities should at once establish dispensaries in those parts of
the town which are remote from the existing medical institutions ;
and they should also take steps to provide distinct cholera hos-
Sitals, which it will require some time to organize, and which they
elieve will be found to be absolutely necessary, should the epi-
demic prevail in this metropolis with a severity at all approaching
that which it manifested on its first appearance in England. The
committee wish it to be clearly understood that they do not
recommend the establishment of such cholera hospitals on the
ground of effecting the separation of the sick from the healthy,
68 Appendix.
hearty meal, taken immediately after a protracted fast. In our
own country, during its former visitation, the most frequent and
deadly attacks were observed to be those that took place in the
middle of the night, a few hours after a heavy supper. The three
fatal cases that have just occurred to sailors who had been at Ham-
burgh, and who were brought sick to Hull, turned out on inquiry
to have followed very shortly after the men had eaten a large quan-
tity of plums, and had drunk freely of sour beer ; and the two still
more recent fatal cases on board the ship Volant of Sunderland,
both occurred in drunkards, who persisted in the practice of intoxi-
cation, notwithstanding the earnest warnings that were given them
against the dangers of intemperance.
On account of the intimate connection between the external
skin and the internal lining membrane of the bowels, warm cloth-
ing is of great importance. The wearing of flannel next the skin
is therefore advisable. Recent experience on the continent seems
to show, that it was useful to wear in the day-time a flannel ban-
dage round the body, and this may become necessary in our own
country during the damp and cold weather of the approaching
season.
Particular attention should be paid to keeping the feet warm
and dry ; changing the clothes immediately after exposure to wet :
and maintaining the sitting and bed-rooms well-aired, dry, and
warm.
It may be necessary to add a caution against the use of cold
purgative medicines, such as salts, particularly Glauber's salts,
Epsom salts, and seidtitz powders ; which taken, in any quantity,
in such a season are dangerous. Drastic purgatives of all kinds
and of thus preventing the spread of the disease ; but solely in
order that, should the epidemic prove severe, proper attendance and
prompt treatment may be insured for the sufferers from cholera
among the poorest and most destitute class. The existing hos-
pitals, even if the authorities should consent to the admission of
persons ill of cholera, could not furnish the requisite accommoda-
tion, unless they were shut against persons labouring under other
severe diseases; a measure which, at the approach of winter
especially, would add much to the distress of the poor.
6. In conclusion, the committee would urge on the rich, who
have comparatively little to fear for themselves, the great duty of
generously and actively ministering to the relief of the poor while
the epidemic prevails, bearing in mind that fuel, warm clothing,
and sufficient nourishment are powerful safeguards against the
disease.
They deem it most desirable that the parish authorities should at
once improve the diet and increase the comforts of the poor under
their charge, and that the wealthy should form societies for the
supply of food, clothing, and fuel, to those who, though not
paupers, still need charitable assistance in the present emergency.
Such measures, which it is the duty of those possessed of power
and wealth to adopt, would, the committee believe, if liberally
carried out, deprive the cholera of half its victims.
John Ayrton Paris, President.
Francis Hawkins, Registrar.
College of Physicians, Oct. 28.
Appendix. 69
should be avoided, such as senna, colocynth, and aloes, except
under special medical direction.
If, notwithstanding these precautionary measures, a person is
seized suddenly with cold, giddiness, nausea, vomiting, ana cramps,
under circumstances in which instant medical assistance cannot
be procured, the concurrent testimony of the most experienced
medical authority shows that the proper course is to get as soon as
possible into a warm bed ; to apply warmth by means of heated
flannel, or bottles filled with hot water, or bags of heated camo-
mile flowers, sand, bran, or salt, to the feet and along the spine ;
to have the extremities diligently rubbed ; to apply a large poultice
of mustard and vinegar over the region of the stomach, keeping it
on fifteen or twenty minutes - ; and to take every half-hour a tea
spoonful of sal volatile in a little hot water, or a dessert spoonful
of brandy in a little hot water, or a wine glass of hot wine whey,
made by pouring a wine glass of sherry into a tumbler of hot milk
— in a word, to do every thing practicable to procure a warm,
general perspiration until the arrival of the medical attendant,
whose immediate care, under such circumstances, is indispensable.
It has not been deemed necessary or proper to give instructions
for the treatment of the advanced stage, from the confident expec-
tation that the proposed arrangement will supply medical attend-
ance to all cases tnat may reach that condition, by which means
the specific symptoms of each individual case will receive their ap-
propriate treatment.
Though the season of danger may demand some extraordinary
exertion and sacrifice on the part of all classes, yet this period will
probably not be protracted, since on the former visitation of cholera,
it seldom remained in any place which it attacked longer than a
few months, and rarely more than a few weeks ; while it may be
reasonably expected that the improvements effected with a view to
check its progress will be equally efficacious in shortening its dura-
tion ; and that these improvements will not be temporary like the
occasion that called for them, but will be attended with lasting
benefit.
In conclusion, the general board of health would again urge the
consideration, that whatever is preventive of cholera is equally
preventive of typhus and of every other epidemic and constantly
recurring disease j and would earnestly call the attention of all
classes to the striking and consoling fact, that, formidable as this
malady is in its intense form and developed stage, there is no
disease against which it is in our power to take such effectual pre-
caution, both as collective communities and private individuals, by
vigilant attention to it in its first or premonitory stage, and by the
removal of those agencies which are known to promote the spread
of all epidemic diseases. Though, therefore, the issues of events
are not m our hands, there is ground for hope and even confidence
Id the sustained and resolute employment of the means of protec-
tion which experience and science have now placed within our
reach.
By order of the General Board of Health,
Hbnbt Austin, Secretary*
70 Appendix.
Extracts from the Second Notification of the
General Board of Health in respect to Instruc-
tions on the Orders and Regulations issued under
the Authority of the Nuisances Removal and
Diseases Pretention Act.
General Board of Health* Owydyr House,
October 31, 1848.
The special object of those provisions of the Act 11 & 12 Vict,
c. 123, which are brought into operation by the order in council,
appears to the general board of health to be that measures of pre-
caution may be taken " with promptitude, according to the exigency
of the case."
It was clearly within the view of parliament that other and more
summary measures for cleansing and the removal of nuisances than
those contained in the first and second sections of the Act might be
required, when the provisions for the prevention of epidemic and
contagious diseases should be called into operation; and it has
appeared to the board to be requisite that the duties which in
ordinary times devolve upon the owners and occupiers of dwellings,
where an order of justices has been obtained, should, under the
threatened visitation of pestilence, be performed by the owners or
occupiers, without the previous complaint and adjudication ; and
when the poverty of the occupiers or any other cause may delay the
cleansing or the removal of the nuisance, the guardians shoold at
once perform the necessary work.
* • • * * •
Operations of cleansing, both external and internal, are the pri-
mary means of prevention ; and the places where the first measures
of cleansing should be carried into effect are indicated in the regis-
ters of deaths, in the case books of the medical officers, and in the
lists of the relieving officers, which show the streets, courts, alleys,
and the very houses in which sickness from epidemic disease has
been prevalent, in many instances pauperizing the inhabitants, and
in all instances increasing the necessity for parochial relief.
From these sources, therefore, as full a list as may be practicable
should be made out or the places in which the measures of cleansing
are the most urgently needed ; and those lists should be completed
by the aid of the reports of the physicians and surgeons having
charge of dispensaries and hospitals.
As these lists are completed, copies of them should be forwarded
as directories to the parochial clergy and other members of the
district committees, who will aid the local authorities in their exa-
mination from house to house of these epidemic localities. Not only
should the particular houses in which epidemic disease has been
prevalent be examined, but also the adjacent houses, which will
generally be found to be in the like unhealthy condition.
The police force, under the direction of the watch committees of
the town councils, have been usefully employed in seeing that the
cleansing operations are regularly and completely performed, in
conveying information, and in aiding local investigations; but the
general direction of the measures of cleansing should be charged
upon the medical officer, whose duty it will be to see that the
owners and occupiers promptly carry those measures into effect.
If, however, on account of sickness or poverty, or any other cause,
the medical officer see reason to apprehend neglect or delay in the'
Appendix. 71
execution of those measures, then he must immediately report such
eases to the board of guardians, or to persons authorized by them
to act in this behalf, who should forthwith direct able-bodied
paupers to perform the work.
Where circumstances will not admit of the employment of able-
bodied paupers, or where the assistance of paupers would be less
efficient than the services of persons accustomed to the work, a
sufficient number of men should be engaged for the special purpose
of lime-washing and purifying the houses and apartments that may
stand in need of such cleansing. Ample experience has shown the
efficiency and economy with which operations of this kind may be
carried on. By the aid of two men, and with no other imple-
ments than a common pail and a painter's whitewashing brush,
Mr. Ramsay, inspector of the Edinburgh cleansing committee, has
shown that a second or third-rate tenement, containing two or
three apartments, may be effectually lime-washed at an expense
not exceeding 9d. to 1*. per tenement.
• • • * • •
Fumigation with chlorine gas, under the eye of a medical man,
this being a process which cannot be safely conducted except under
medical inspection, is performed at an expense of less than 2d. for
each room.
All the streets, courts, and alleys, the atmosphere of which is
shown to be in a state of pollution by the presence of epidemic
disease, should be thoroughly scoured oat daily, and the dung-
heaps of mews and stables also should be removed daily.
Where water is not laid on at high pressure, but can be other-
wise obtained, the most efficient means of cleansing will be by the
use of a small fire or garden engine ; but wherever water is laid on
at high pressure, advantage should be taken of the hose and Jet,
which removes the dirt from the carriage-way much more effec-
tually than the street-sweeping machine: gives to the pavement
the appearance of having been as thoroughly cleansed as the stone
steps in front of private houses, and, when properly applied in close
ana dirty courts and alleys, rapidly carries off the filth, destroys
offensive smells, and, by suddenly changing the temperature and
so causing a current of air, produces a sense of coolness and
refreshment.
Cesspools may be cleansed in one-third of the usual time, and at
one-third of the usual cost, by means of a two-handled pump and
hose, wherever there is a sewer within reach into which the con-
tents may be discharged.
With reference to the larger works of cleansing, such as the
cleaning out of long lines of ditches, or the removal of large masses
of decomposing refuse, much mischief has sometimes been occa-
sioned when the operation has been so ignorantly and unskilfully
conducted as to increase the extent of the evaporating surface, as
when the contents of foul ditches have been spread: out on the
banks and allowed to remain there ; and when cesspools have been
emptied into drains or sewers having no proper fall, or no run for
the discharge of the contents from beneath inhabited houses.
Works of this kind should be conducted under the superintendence
of a person who possesses some knowledge of the nature of the
rases evolved ; the atmospheric and other conditions that promote
their copious evolution: their probable effects on susceptible per-
tonsj and the mode of Himinfahing or averting them* either by the
72 Appendix.
proper use of deodorizing fluids or by other means. The medical
officer who may be expected to be the best informed in these
respects should therefore be required to take the general superin-
tendence of such operations.
The removal or distribution of large masses of decomposing refuse
cannot be expected to be effected without some danger : on the
other hand, there is a certainty of evil, if such matter is allowed to
remain permanently near human habitations, while the risk from
the act of removal, if it be tolerably well conducted, is but slight,
and at all events can only be temporary.
In following the track of fever, the inquirer will soon be led to
the low lodging-houses, in which the conditions most favourable to
the generation and spread of every form of epidemic disease will be
found to be most intense and constant. The overcrowding and
the neglect of ventilation produce, in these places, an insufferable
closeness, which cannot be endured by a person unaccustomed to
the pestilential atmosphere.
Under the authority conferred upon the guardians, their medical
officer may enter these lodging-houses and require them to be duly
ventilated and cleansed, and where he finds a dangerous over*
crowding, he may order the parties to be removed.
Having thus denoted, more fully than they were enabled to do in
their first notification, some of the most important measures of
prevention, the general board of health would now advert to the
measures of alleviation that may be found available, should the
disease, which has broken out nearly at the same time in many
widely distant parts of the country, unhappily prevail as an
epidemic.
The importance of the precaution already given in the notifies**
tion as to the urgent necessity of the earliest attention to the pre*
monitory symptom , is confirmed by every day's experience. Oppor-
tunities have been recently afforded for carefully observing the
circumstances connected with the first outbreak of this disease,
both in this country and abroad, and the clear result of such obser*
vation is, that some of its earliest victims are seized without
warning, but that this is the case with comparatively few. In the
great majority of instances, even in the early days of its invasion,
and almost universally after the violence of its first blow has been
spent, distinct warning of its approach is given. That warning, as
has been explained, is a relaxed state of the bowels, and whoever
has that complaint, in however slight a degree, should, during the
present season of danger, place himself immediately under medical
care. The medicines recommended in the first notification were
intended to be placed in the custody of the heads of families, the
masters of schools and workhouses, the owners or agents of large
establishments, clergymen, and other intelligent persons, for admi-
nistration only at tunes and under circumstances, when medical
assistance could not be promptly procured. With such a disease
as cholera impending, a due regard to his own safety and to the
safety of those who are naturally dependent on his care, should
induce every one to avail himself without delay of the best assist-
ance within his reach. And for those who cannot afford to pay
for medical attendance, or who would not be likely to ineur the
expense of it, for a complaint, apparently so trifling, dispensaries
must be opened in convenient situations, with proper medical
Appendix. • 73
attendance, if practicable, day and night, where medical advice
and medicine may be procured.
It is of the utmost importance that the local authorities and
others should be satisfied as to the measures which it will be expe-
dient to adopt promptly and thoroughly, when, notwithstanding
all the means of precaution and prevention that may have been
taken, this disease actually breaks out in any place.
Hitherto the proportion of attacks to the population has nowhere
in this country been so large as to render it impracticable, or even
difficult to make provision for the temporary removal of such indi-
gent persons as have appeared to be in imminent danger ; and it is
a subject deserving consideration, whether, instead of the indiscri-
minate removal of the sick, it would not be more effectual, as well
as less expensive, while provision is made for the proper treatment
of the sick, to take some care of those who in all probability will
be the next victims of the disease, though the blow may not yet
have actually fallen on them.
• • • • • •
But while the general board of health have thought it needful
to make provision for the greater security of the poor and desti-
tute, they cannot too earnestly impress upon those in better circum-
stances, and who can consult their own safety, the importance on
the first outbreak of this disease, of immediate removal from a
low, damp, dirty, and confined situation, to one that is high, dry.
and open; and of the adoption at the same time of a careful
regimen.
Though the general board of health have expressed their decided
conviction that cholera is not contagious, in the common sense of
that term, yet neither they nor those who coincide in their opinion
consider tnat there is no danger in overcrowding, or that the disease
is not " catching" in ill-ventilated and ill-conditioned places.
• •••••
Many cases having occurred in which the long retention of the
dead body in living or sleeping rooms has greatly promoted the
spread of disease, tne Act has called special attention to the need
of regulations for the early removal and the proper interment of
the corpse : and the general board of health have authorized the
medical officer, after naving ascertained the true cause of death, to
Sire such directions as may appear to him to be required, for the
ue observance of the regulation relative to this highly important
subject.
It appears to the general board of health to be absolutely neces-
sary, in the present emergency, to concentrate responsibility on
the medical officers, and to entrust them with discretionary powers,
because the rapidity of the course of cholera will not allow them
to wait for direction from the guardians at their weekly meetings ;
and seeing the many and arduous duties that devolve upon the
medical officers, the general board of health cannot but express a
hope that the remuneration of these officers will be more propor-
tionate to the value of the services required of them than it was upon
the former occasion.
The law having vested the general management of medical relief
to the destitute in the boards of guardians, and having made them
the authorized channels for the expenditure of the rates raised
for the benefit of the poor, the instructions and regulations of the
B
74 • Appendix.
board of health hare been mainly directed to them. They are
aware, however, of the important exertions which in many instances
have been made by town councils and local commissioner for the
improvement of the public health, and where any of the functions
herein prescribed are either by law or practice exercised by such
town councils and local boards of commissioners, they would bv
no means wish to take them out of their hands ; these bodies will
have the best means of considering how far they can act by their own
powers, or concurrently with the boards of guardians, and it is
only in the absence of any such powers, or in default of their
effectual exercise, that the board of health would call upon the
boards of guardians to take the duties on themselves.
Signed by order of the board,
Henry Austin, Secretary.
To the guardians of the poor of the severed unions and parishes
named in the schedules hereunto annexed; — To the councils
and other governing bodies of cities and boroughs, commis-
sioners under local Acts, the surveyors of highways, their
deputies and assistants, the trustees, county surveyors, and
others, by law entrusted with the care and management of the
streets, and public ways, and places within the said unions and
parishes; — To the owners and occupiers of houses, dwellings,
churches, buildings, and places of assembly within the said
unions and parishes, and others having the care and ordering
thereof ';— And to all to whom it may concern.
Whereas by the provisions of the Nuisances Removal and Dis-
eases Prevention Act, 1848, for the prevention of epidemic, endemic*
and contagious diseases, and by virtue of an order of the lords of
her Majesty's most honourable privy council, bearing date the
128th day of September, 1848, directing that the said provisions of
the said Act be put in force throughout the whole of Great Britain,
we the general board of health are authorized to issue such direc-
tions and regulations as the said board shall think fit for the
prevention (as far as possible) or mitigation of epidemic, endemic,
or contagious diseases : and whereas by the said Act it is provided
that the directions ana regulations to be issued as aforesaid shall
extend to all parts or places in which the said provisions of the
said Act shall for the time being be in force, under the order of her
Majesty's privy council, unless such directions or regulations shall
be expressly confined to some of such parts or places, and then to
such parts or places as in such directions and regulations shall be
specified.
Now in exercise of the authority vested in us as aforesaid, we
the general board of health do issue the directions and regulations
hereinafter contained, to extend to all parts and places within the
several unions and parishes named in the schedule hereunto an-
nexed, and to all extra-parochial places adjoining to such unions
and parishes, viz.
I. We direct that all councils and other governing bodies of cities
and boroughs, commissioners under local Acts, surveyors, and dis-
trict or assistant surveyors of highways, trustees, county surveyors,
aud others, by law intrusted with the care and management of the
Appendix* 76
Streets, and public ways, and places, within the parts or places to
which these directions and regulations extend, shall once at least in
every twenty-four hours effectually cleanse all such of the streets.
rows, lanes, mews, courts, alleys, and passages, and public ways and
places, under their respective care and management, as by the
medical officer of the guardians, or others authorized to superin-
tend the execution of wis direction and regulation, shall be cer-
tified in writing to be in a state dangerous to health, or to require
frequent and effectual cleansing by way of precaution against
disease ; and shall remove all filth, ordure, and nuisances therefrom.
II. And where any such streets, rows, lanes, mews, courts,
alleys, and any passages, public ways, or places, to which any
houses or tenements adjoin, which have not been entrusted by law to
the care or management of any council, commissioners, surveyors,
trustees, or others, have been certified in writing, by such medical
officer as aforesaid, to be in a state dangerous to health, or to re-
quire such frequent and effectual cleansing, we direct that every
occupier of a house or tenement so adjoining, shall keep or cause to
be kept sufficiently cleansed, at least once in every twenty-four
hours, such part of the street, row, lane, mews, court, alley, or
passage, way, or place, as adjoins the house or tenement occupied
by him.
And we direct that all such works of cleansing and removal of
filth, ordure, and nuisances as are required by these directions and
regulations, shall be done in such manner by effectual washing or
otherwise, and with the use of such fluids or substances for pre-
venting the escape of noxious effluvia during the operation, as the
medical officer 01 the guardians or others authorized to superin*-
tend the execution of these directions and regulations shall think
necessary and shall direct.
III. We do hereby authorize and require the guardians of the
said unions and parishes, by themselves or by their officers or
persons employed under them in the administration of the laws for
the relief of the poor, or by officers or persons specially appointed
in this behalf, to superintend and see to the execution of the fore-
going directions ana regulations within their respective unions and
parishes, and in any extra-parochial places adjoining thereto re-
spectively.
IV. And farther, where it shall appear that by want or neglect
of the council of any city or borough, commissioners, surveyors,
-trustees, or others entrusted with the care and management as
aforesaid, or by reason of poverty of the occupiers or otherwise,
there may be any default or delay in the cleansing of or removing
nuisances from any street, row, lane, mews, court, alley, passage,
or public way, or place certified. as aforesaid, within any of the
taia unions and parishes, or any extra-parochial place adjoining
thereto, we authorize and require the guardians of such union or
parish, to cause such street, row, lane, mews, court, alley, passage,
way, or place to be effectually cleansed, and all nuisances to be
removed therefrom, and to do all acts, matters, and things neces-
sary for that purpose.
V. We also direct as follows :— That,
When and so often as any dwelling-house, in any part or place
to which these directions and regulations extend, i» in such
a filthy and unwholesome condition as to be a nuisance to
or injurious to the health of any person ; or,
b2
76 Appendix.
Where upon any premises, or any part or place as aforesaid-,
there is any foul and offensive drain, ditch, gutter, privy,
cesspool, or ashpit, or any drain, ditch, gutter, privy, cess-
pool, or ashpit kept or constructed so as to be a nuisance
to or injurious to the health of any person ; or,
Where upon any such premises swine, or any accumulation of
dung, manure, offal, filth, refuse, or other matter or thing
is kept, so as to be a nuisance to or injurious to the health
of any person: or,
Where upon any such premises (being a building used wholly
or in part as a dwelling-house) or being premises underneath
any such building, any animal is kept so as to be a nuisance
or injurious to the health of any person j
In each of the above recited cases the owner or occupier, and
persons having the care or ordering of such dwelling-house, or of
the premises where the nuisance or matter injurious to health may
be, snail cleanse, whitewash, or otherwise purify, as the case may
require, such dwelling-house or building, or abate or remove the
nuisance or matter injurious to health as aforesaid with all reason-
able speed after the publication of these our directions and regula-
tions, or after the nuisance or matter injurious to health shall have
arisen.
VI. In case, by reason of poverty or otherwise, the occupier of
any such dwelling-house or premises is unable to perform any
works required by these directions or regulations, such occupier
shall give notice of such his inability to the guardians of the
union or parish comprising the place wherein the premises shall
be situated.
VII. We authorize and require the guardians aforesaid, by
themselves or by officers by them authorized in this behalf, —
To see to the execution of the directions hereinbefore contained
for the cleansing and purifying of dwelling-houses, and for
the abatement and removal of nuisances and matters inju-
rious to. health, in every case in which there shall not be a
council or other governing body of a city or borough, or
commissioners having jurisdiction for the removal of nui-
sances, or where such council, governing body, or commis-
sioners shall not cause to be effectually executed such
directions ; and, for that purpose,
To visit ? from time to time, or cause to be visited, the several
dwellings and places where there may be ground for believ-
ing that necessity will arise for executing such directions.
VIII. And in every case in which, from the poverty of occupiers
or otherwise, there may be default or delay In the cleansing or
purifying of any such dwelling-house, or in the abatement or
removals any such nuisance or matter injurious to health, and
the medical officer, or other person duly authorized as aforesaid,
shall certify that the same requires immediate attention.
We authorize and require such guardians to cause such dwelling-
houses to be cleansed and purified, and such drain, ditch, water-
course, or gutter to be frequently and effectually cleansed, and
such nuisance or matter injurious to health to be abated and re-
moved respectively, and to do all acts and provide all matters
and things necessary for that purpose.
IX. And we do further authorize and require the guardians to
direct their clerk to make out, from the register of deaths pr from
Appendix. 77
the district medical relief books, and from any public books or
other sources from which information may be obtained within the
union or parish, a list of places where epidemic, endemic, and con-
tagious diseases have of late been frequent.
a. And we authorize and require such guardians to cause the
medical officers employed by them, or specially appointed for the
purpose, to visit the places, of which a list shall be made out as
aforesaid, and all sucn neighbouring and other places within such
union or parish, as shall appear to such medical officers (from being
under like circumstances with the places included in such list or
otherwise,) to require visitation or examination.
XI. And each such medical officer shall, where it may be neces-
sary, certify in writing to the board of guardians, and to the sur-
veyors, trustees, occupiers, or others required to execute these
directions and regulations, all such places as are in a state danger-
ous to health, or need frequent and effectual cleansing by way of
S reservation against disease, and such dwelling-houses as are in a
lthy and unwholesome condition, and all such nuisances and
matters injurious to health as ought to be abated, cleansed, and
removed under these regulations.
XII. And each such medical officer shall forthwith, upon any
case of cholera or of typhus, or other epidemic, endemic, and con-
tagious diseases becoming known to him within the parish, union,
or district under his visitation, report the same to the board of
guardians.
. XIII. And we do hereby authorize and direct the said guardians,
where it may appear needful, to appoint such additional medical
officers, and also to appoint such other officers as may be necessary
to execute and superintend the execution of these regulations, and
to publish and circulate by printed handbills, or other means,
notices of the provisions of the said Act for the prevention of nui-
sances, and of our regulations and instructions, or of such part of
any of them at it may appear desirable to make publicly known.
aIV. And we hereby direct that in these directions and regula-
tions the words " guardians of the poor " shall mean the guardians,
directors, wardens, governors, or other like officers having the
management of the poor for any union, parish, or place, where the
matter requiring the cognizance of any such officers arises ; and the
word " parish '"shall include every place where the relief of the
poor is administered by a board of guardians for such place.
Given under our hands, and under the seal of the general
board of health, this third day of November, one thou-
sand eight hundred and forty-eight.
Carlisle.
Edwin Chadwick.
T. Southwood Smith.
(The schedules referred to contain the names of the unions and parishes to which
the order is addressed, and are not thought necessary to be inserted here.)
78 Appendix*
Directions and Regulations issued bt the General
Board of Health to Towns in which the Cholera
has appeared.
Whereas by an Act of the 11th & 12th Vict. c. 133, intituled
" An Act to improve and amend an Act of the tenth year of her
present Majesty, for the more speedy removal of certain nuisances,
and the prevention of epidemic and contagious diseases/' the
general board of health is empowered to issue such directions and
regulations for carrying into effect the provisions of the said Act
as to them may seem fit: now we, the said general board of health,
do hereby authorize and direct the parochial boards for the ma-
nagement of the poor in the following parishes in and near Edin-
burgh—namely, the city of Edinburgh, St. Cuthbertfs, Canongate,
North Leith, and South Leith— to execute, or see to the execution
of, the directions and regulations following, viz. : —
1. We hereby authorize and require the said parochial boards to
provide dispensaries in suitable stations with sufficient medical
aid, such dispensaries to be accessible at all times, by night and by
day, to persons requiring medical aid for themselves or others
attacked by cholera, or by any of its premonitory symptoms ; and
to provide the medicines to lie distributed to such applicants at
* such dispensaries, and such medicines and cordials as may be
required elsewhere hi their respective parishes, for necessitous per-
sons attacked as aforesaid who may be under medical treatment.
3w And we do farther authorize- and require the parochial boards
of the said parishes and places to make arrangements for the dis-
tribution ofnotices, stating the places where the- dispensaries shall
have been provided.
3. Whereas it has heretofore been fotfnd to beinrpracticable to
ensure proper treatment m their own houses to many of the poorer
classes, we authorize and require the said parochial hoards respec-
tively to provide houses or suitable rooms, capable of accommo-
dating necessitous cases, to which persons attacked by cholera who
cannot be properly treated in their own houses, may be conveyed.
4. We authorize and require the said parochial boards to provide
houses of refuge, to whicn may be removed the families of such
necessitous persons as have been attacked with cholera, and also
sueh necessitous persons living under the same room, or in the
vicinity of persons so attacked, as the medical officers acting
under the authority of the said parochial boards may deem it
necessary to remove j the houses, rooms, or dwellings from -which
persons may have been so removed to the houses of refuge, to be
cleansed and purified by the owners or persons having the care or
ordering thereof, or, in their default, by the said parochial boards
respectively.
5. And we hereby authorize and require the said parochial board
to provide for the frequent visitation by themselves or their officers,
or such person as they may appoint m this behalf, of the several
houses and dwellings throughout the bounds of their several
parishes, and to inquire into the condition and matters affecting
the health of the inmates of such houses and dwellings respec-
Appendix. 79
tively, aad their liability to contagious, epidemic, or endemic dis-
eases, and especially as to the existence among them of bowel com-
plaints.
6. And we authorize and require the said parochial board, on
their own inspection, or the report of the officers or persons by
whom such visitations may be made, or other information which
they may acquire from their own committees, or from visitors or
others, as to the condition of the poor who may be affected with or
threatened by the cholera or other epidemic disease, to supply such
medical aid as may appear requisite.
7. And we hereby authorize and require the parochial board, or
the officer or person visiting as aforesaid, subject to the special
instructions of the parochial board, in each case where symptoms
are found of a premonitory attack of bowel complaint, to send the
person so affected to the nearest dispensary within the bounds of
the parish, or, where that they may be inexpedient, to despatch
some member of the family or other person for advice and medical
aid, and immediately report to the medical officer the case of every
such person found so affected who shall not have proceeded to the
dispensary.
8. And we do authorize and direct the several parochial boards
to make arrangements for obtaining daily lists of persons attacked
by cholera within their respective parishes, with the particulars of
their case and treatment, and for communicating the same daily
to the other boards respectively, and to the president of the Royal
College of Physicians of Edinburgh.
9. And we do hereby authorize and direct the said parochial
boards to appoint such additional medical officers, and also to ap-
point such other officers as may be necessary to carry out, execute,
and superintend the execution of these regulations.
. Given under our hands, and under the seal of the general
board of health, this 20th day of October, 1848.
Edwin Chadwicx.
T. Southwood Smith.
DOCUMENTS ISSUED BY THE POOR LAW BOARD.
Poor Law Board, Somerset House,
October 6th f 1848.
Sir. — The poor law board desire to call the attention of the
guardians to the provisions of the statute, the 11 & 12 Vict. c. 128,
passed in the last session to renew and amend the Act of the tenth
year of her Majesty for the more speedy removal of certain nui-
sances, and the prevention of contagious and epidemic diseases.
The guardians will remember that the poor law commissioners,
by a circular letter dated October, 8, 1846, brought the provisions
of the 9 & 10 Vict. c. 96, under the notice of the guardians.
80 Appendix*
The object of the statute Is twofold. It provides (1) for the
more speedy removal of certain nuisances ; and (2) for the pre-
vention of contagious and epidemic diseases ; but the provisions
for the latter object do not take effect till called into action by an
order from the privy council.
The 1st section enacts, that upon receipt (or as soon afterwards
as can be) by certain bodies therein enumerated, or by any
guardians of the poor, of a notice in a form set forth in a sche-
dule to the Act, or to the like effect, signed by two or more
inhabitant householders of the parish or place to which the notice
relates, stating —
That to the best of their knowledge and belief any dwelling-
house or building in any city, town, borough, parish, or
place within or over which the jurisdiction or authority of
such bodies or guardians extends, is in such a filthy and
unwholesome condition as to be a nuisance to, or injurious
to the health of any person,
Or that upon any premises within such jurisdiction or autho-
rity there is any foul and offensive ditch, gutter, drain,
privy, cesspool, or ashpit, or any ditch, &c. kept or con-
structed so as to be a nuisance to, or injurious to the
health of any person,
Or that upon any such premises swine, or an accumulation
of dung, manure, offal, filth, refuse, or other matter or
thing are or is kept so as to be a nuisance to, or injurious
to the health of any person,
Or that upon any such premises (being a building used
wholly or in part as a dwelling-house), or being premises
underneath any such building, any cattle or animal are or
is kept so as to be a nuisance to or injurious to the health
of any person,
Such bodies or guardians, or some committee thereof appointed
in this behalf by such bodies or guardians, shall, after twenty-
four hours' notice in writing delivered to some person on the
premises, or if there be no person there, affixed on some part of
the premises (or in case of emergency without notice) by them-
selves, their servants or agents, with or without medical or other
assistants, enter and examine the premises with reference to the
matters alleged in the notice of the complainants, and do all that
may be necessary for such purpose ; and if upon such examination,
or upon the certificate of two legally qualified medical practi-
tioners, the existence of the nuisance appears, such body or
guardians shall thereupon lay a complaint before a justice of the
peace, who shall summon the owner or occupier to appear before
two justices to answer such complaint.
Such justices are then required, if the existence of the nuisance
is proved to their satisfaction, to make an order for cleansing,
whitewashing or purifying such dwelling-house or building, or
for the removal or abatement of the cause of complaint in such
manner and within such time as shall be appointed.
Appendix. 81
i This order is to be served in the same manner as the summons,
and if not complied with, the owner or occupier against whom it
is made will be liable to a penalty not exceeding ten shillings for
each day of default, and the guardians or other body mentioned
therein shall themselves or by their servants enter the premises
and cleanse them or remove the cause of complaint, and do all
that may be necessary for carrying such order into effect.
Any dung, manure, or other thing which is removed may be
destroyed or sold, and if sold the proceeds shall be paid to or re-
tained by the guardians, and shall be applied by them in aid of
the poor rate of the place in which the removal shall have been
made.
It should be mentioned, that the statute provides, in s. 16, that
whosoever shall wilfully obstruct any person acting under the
authority or employed in the execution of the Act, shall be liable
to a penalty not exceeding five pounds for each offence.
Sect. 3 provides, that the costs and expenses reasonably incurred
in obtaining the order or carrying it into effect, may be recovered
from the owner or occupier of the premises in respect whereof
they have been incurred as a debt in die county court, or by sum-
mary process before two justices, unless such justices shall think
fit to excuse such person upon the ground of poverty or other
special circumstances.
The statute then enacts, in sect 4, that all costs and expenses
reasonably incurred as aforesaid in carrying into effect any of these
provisions, and not recovered from the owner or occupier of the
premises in respect whereof they have been incurred, shall, upon
an order of two justices, be retained, paid, or defrayed by the
treasurer of the guardians or by the overseers of the poor out of
the funds in their hands applicable to the relief of the poor, and
shall be charged to the parish or place wherein the premises in
respect whereof they have been incurred shall be situated. By the
same section provision is made for the payment of these costs
when incurred in extra-parochial places. This order, if not
obeyed within twenty-one days, is to be enforced by a warrant of
distress.
The guardians will perceive that this provision extends, as the
similar one in the former Act did, to the expenses incurred by any
party authorized to take proceedings, and consequently is not
confined to expenses incurred by themselves.
By section 7, the drainage of filth, &c, from houses not occu-
pied before the 4th of September, 1848, into open ditches so as to
occasion a nuisance to or to be injurious to the health of any per-
son, will subject the occupier to a penalty of five pounds per day
during the continuance of the offence, and he may also be indicted
for a misdemeanor.
There is a like provision with respect to drainage from water-
closets or privies constructed after the 4th of September, 1848,
and the penalties in that case will attach whether the privy or
watercloset so constructed be attached to a house occupied before
or after that day.
Ed
82 Appendix.
The statute requires each or any of the several bodies named
in it to take proceedings upon receiving such a notice as has been
described from competent parties. As, however, the guardians
will have to pay the expenses of the proceedings wherever (as
must frequently be the case) they are not recovered from the owner
or the occupier, it will be most expedient for them to have the
conduct of the whole matter. They will do well therefore to pro-
mote rather than to discourage applications being made to them
under the statute.
It is also desirable that the guardians should be aware, that by
the interpretation clause, s. 22, the words " guardians of the poor*'
mean " the guardians, directors, wardens, governors, parochial
board, or other like officers having the management of the poor
for any union, parish or place, where the matter requiring the
cognizance of any such officers arises;" and the word " owner 9 *
means any person receiving the rents of the property in respect
of which that word is used from the occupier of such property
on his own account, or as trustee or agent for any other person,
or who would receive the same if such property were let to a
tenant."
The board think it may be useful to advert briefly to the chief
points of difference regarding the removal of nuisances, between
the present Act and that which has just expired.
By the present Act a notice from two householders is sufficient
to enable the guardians to act; by the late Act a certificate signed
by two duly qualified medical practitioners was needed, before the
guardians could act. By the present Act it is made imperative on
the guardians or other bodies to whom notice is given to proceed
forthwith in the manner prescribed ; by the late Act it was dis-
cretionary with the guardians and other bodies, whether they
would take the proceedings for the abatement of the nuisance.
By the present Act a penalty of ten shillings is imposed upon
the owner or occupier who disobeys an order of justices, for every
day he makes default ; by the late Act no such pecuniary penalty
was imposed : by the present Act to enable the guardians or other
bodies to determine whether proceedings ought to be taken or not,
an entry of the premises for the purpose of examination, is autho-
rized ; by the late Act a right of entry only was given to enforce
the order of justices when made. Under the present Act express
powers are given for distraining a defaulter's goods wherever they
may be found. The Act also authorizes dung, &c. found on the
premises to be destroyed or sold. These powers were not given
by the late Act; the present Act distinctly assigns duties to the
guardians and poor law officers as well as to surveyors and others
charged with the management of roads and surface cleansing
The provision for this purpose is new.
The former was a temporary Act; the present is permanent.
The present, like the former Act, is applicable to. the whole of the
united kingdom. The only exception is in the cases of "districts"
formed under the Public Health Act, where, in order to prevent
conflicting jurisdiction, a discretion will be exercised by the general
board of health as to how far the present Act shall be applied.
Appendix. 83
The guardians will observe that by the second part of the Act
the board of health are charged with the duty of preparing regu-
lations which the union and parochial officers are required to en-
force, in the event of the country being afflicted or threatened with
any formidable epidemic, endemic, or contagious disease.
The progressive advance of a formidable epidemic to the western
part of Europe, has, in the opinion of government, rendered ne-
cessary the enforcement of the Act. An order in council has
accordingly been issued for putting it in force throughout the
kingdom.
The guardians, and the union and other local officers must now
therefore, in compliance with these provisions, act upon all regu-
lations which they may receive from the general board of health,
for such places as that board may deem to require them ; and on
all questions regarding the execution of this part of the Act, the
guardians may communicate directly with the general board of
health.
It must be stated to the guardians that on the subject matters of
the present Act, and on the means for the prevention both of dis-
ease and of the destitution arising from sickness and premature
mortality, the general board of health propose to communicate
information specially adapted for the guidance of medical and
other officers, by means of an official circular, which will be
issued in the same form, and may be taken at the discretion of
guardians, in the same manner as the official circular of the poor
law board.
While upon the subject of this statute, which relates to the pre-
vention of disease, the board think it well to mention, though it
does not immediately affect the guardians,, that by sect. 67 of the
Public Health Act, the churchwardens and overseers are required
from time to time, after the passing of that Act, to give public
notice as to the provisions with respect to the occupation of cel-
lars and underground rooms, and that these provisions are impe-
rative, whether the Public Health Act is in force within their
parish or not.
In conclusion, the board think it desirable to repeat tbe follow-
ing observations of the late commissioners, made in their circular
letter of the 8th October, 1846 :
" The improvement of the sanitary condition of the poorer
classes tends so greatly to remove many of the causes of destitu-
tion and pauperism, that the money judiciously expended on
such an object, now sanctioned by the legislature, in the cases to
which the statute applies, will be found to be most profitably laid
out, even in reference to the more direct object of the duties of
the guardians."
I am, Sir, your obedient servant,
W. G. Lumlev,
To the Clerk to the Assistant Secretary.
Board of Guardians,
84 Append**.
Poor Law Board, Somerset House,
6th November, 1848.
Sib,— I am directed by the poor-law board to forward a copy of
the directions and regulations issued by the general board of hearth
under the provisions of the " Nuisance Removal and Diseases Pre-
vention Act, 1848/' and which were published in the supplement to
the "London Gazette" on Saturday last.*
It will be seen that your union is one of those in which these
directions and regulations are to be put in force, and the poor law
board trust that the guardians will give their immediate and careful
attention to them.
The 10th section of the Act referred to (the 11 & 12 Vict. c. 128),
requires the guardians to carry these directions and regulations into
execution; and the 14th section, though enabling them to call
upon the existing officers to act in the matter, gives the guardians
authority to appoint other persons to aid their officers in the dis-
charge of these new duties.
The guardians must determine for themselves how far such addi-
tional assistance will be requisite, but the poor law board deem it
right to advert to the circumstance that the present season of the
year k that which usually demands the greatest amount of labour
from the union officers in the performance of their ordinary duties ;
and consequently some assistance may be required at the present
time, which may be well dispensed with after the winter has
The board wish to remind the guardians that the expenditure
incurred in carrying the directions and regulations in question into
execution must be borne by the common fund, and the board think
it desirable that a separate account should be kept in the union
ledger of the items of this expenditure, so that it may be distin-
guishable from the cost of the ordinary relief of the poor.
The board also transmit a copy of a notification published by
the general board of health on tne 31st ultimo in reference to the
carrying into execution of their directions and regulations, and the
poor-law board recommend this document also to the attentive
consideration of the guardians, t
The guardians wiB perceive that some of the passages in the
notification refer to regulations which have not been issued to their
union.
I am, Sir, your obedient servant,
W. G. Lumley, Assistant Secretary.
To the Clerk of the Board of Guardians.
* For the directions and regulations referred to, see page 74.
t Extracts from the document referred to will be found at page 70.
Appendix. 85 *
The following notice, in respect to the provisions of the Act, is
recommended to be made public by the boards of guardians in their
several unions.
Removal of Nuisances. — Notice,— I am instructed by the board
of guardians to make known throughout this union that the Act
passed In the last sessions of parliament to renew and amend an
Act of the tenth year of her present Majesty, for the more speedy
removal of certain nuisances, and the prevention of contagious
and epidemic diseases, confers upon them the power, by them*
selves, their servants or agents, (upon receipt of a notice in
writing signed by two or more inhabitant householders of the
parish or place to which the notice relates, stating that, to the
nest of the knowledge and belief of the persons by whom such
notice is signed, any dwelling-house or building is in such a filthy
and unwholesome condition as to be a nuisance to or injurious to
the health of any person, or that upon any premises there is any
foul and offensive ditch, gutter, dram, privy, cesspool, or ashpit,
or any ditch, gutter, drain, privy, cesspool, or ashpit, kept or con-
structed so as to be a nuisance to or injurious to the health of any
person, or that upon any such premises swine, or any accumu-
lation of dung, manure, offal, filth, refuse, or other matter or
thing, are or is kept so as to be a nuisance to or injurious to the
health of any person, or that upon any such premises, being a
building used wholly or in part as a dwelling-house, or being
premises underneath any sucn building, any cattle or animal are
or is kept so as to be a nuisance to or injurious to the health of
any person.)
To enter such premises and examine the same with respect
to the matters alleged in such notice, and, if necessary, to
make a complaint before a justice, who shall thereupon
summon the owner or occupier to appear before two
justices.
And such justices are empowered,
To make an order for cleansing, whitewashing, or purifying
such dwelling-house or building, or for tne removal or
abatement of any such cause or causes of complaint, in
such manner and within such time as shall be specified in
such order.
If such order be not complied with, the owner or occupier
against whom it is made will be liable to a penalty not exceeding
ten shillings for every day during the continuance of his default,
and the guardians, by themselves or agents, are authorized to
enter such premises and cleanse, whitewash, or purify the same or
remove or abate the cause or causes ox complaint in respect
whereof the said order was made.
The costs and expenses incurred by the guardians, may be re-
covered from the owner or occupier of the premises in the county
court, or before two justices, by distress and sale of the goods and
chattels of such owner or occupier.
Whosoever shall wilfully obstruct any person acting under the
authority of the Act of parliament, is made liable for every such
offence to a penalty not exceeding nve pounds.
All penalties imposed by the Act may be recovered by any
86 Appendix.
person before any two justice*, and may be levied by distress and
sale of the goods and chattels of the offender.
It is expedient that all such dwelling-houses and premises as
are before mentioned, should forthwith be cleansed and white-
washed, and every nuisance or cause of complaint mentioned in the
Act removed.
The board of guardians therefore trust that all owners and
occupiers of property within this union, will, without delay, in
eases wherever it is required, do that which the law demands, for
it cannot be too strongly impressed on the minds of owners and
rate-payers, that the improvement of the sanitary condition of the
poorer classes tends greatly to remove many causes of destitution
and pauperism.
The board of guardians are, and will at all times be prepared, to
put the Act in immediate operation in every case of neglect, upon
receipt of a notice in writing, sloped by any two inhabitant house-
holders, and the board request the co-operation of the inhabitants
generally throughout the union in the furtherance of so desirable
an object.
A form of notice may be had on application to me at my office.
Clerk to the board of guardians,
To Union.
INDEX.
A.
PAGE
Act not to apply to places under Public Health Act- - 21
Allowances to medical member of general board of health 30
Application of penalties ...... 46
of proceeds of sale of sewage .... 23
Appointment of medical member of general board of health 39
of officers of health by guardians - ... 41
Assessment in Scotland, when to be made 42
B.
Board of supervision, to compel execution of directions of
general board of health .... - 39
C.
Chloride of zinc, use of, as a disinfecting agent- 27
Cholera cases, mode of treatment of .... 34
Cholera Acts -......-26
Churches, ventilating of ...... 27
Cleansing of streets, &c. ...... 27
Commissioners of health, in Ireland, appointment of, by lord
lieutenant --...--38
to issue directions and regulations for the prevention
of epidemic diseases ..... 26
Commissioners for paring, ke. to take proceedings for
removal of a nuisance ..... 1
Commissioners of police in Scotland to take proceedings for
removal of nuisances ----- 11
Commissioners of sewers to take proceedings for removal of
a nuisance --.---- 2
jurisdiction of, not to be impaired by Act 21
Complaint against owner or occupier of premises, - - 7, 13
Contagious diseases, regulations for prevention of 26
Costs of carrying Act into effect to be defrayed out of poor
rates 19
Costs, excusal of payment of- ..... 17
88 Index.
# PAGE
Costs, recovery of ------- 15
County court, recoyery of costs in - - - - - 16
D.
Dean of guild, to take proceedings for removal of nuisances
in Scotland- 13
Disinfecting agents -----.-27
Disposal of offal, &c. -----. 10, 15
Ditches along sides of highways to be cleansed by surveyors
of highways- ------ 22
Drainage into open ditches from new houses a misdemeanor 28
Dung, Sec. disposal of - - - - - - 10, 15
E.
Entry upon premises, powers of town council in respect to,
to examine whether nuisance exists - - 6, 13
power of, to execute directions of general board of
health 41
Epidemic diseases, privy council to direct provisions of Act
in respect to, to be put in force 25
regulations for prevention of - - - - 26
Examination of premises where nuisance alleged to exist - 6, 13
Expenses of guardians, how to be paid 42
Expenses, payment of, in Scotland, in parishes where there
is no assessment for relief of the poor 42
Extra-parochial place, costs incurred in respect of, how to
be charged ----- - 19
execution of directions of general board of health in 33
payment of expenses incurred in regard to 42
F.
Fever hospitals, notice of intention to open, to be given to
general board of health 24
opening of, in workhouses - - - - - 24
G.
Gazette, orders of privy council, &c. to be published in - 43
General board of health, notice of intention to build or open
fever hospitals to be given to 24
to issue directions and regulations for the prevention
of epidemic diseases ----- 26
may require guardians, &c. to superintendand execute
directions, &c. - - - - - - 33
Index. 89
PAGE
General board of health, to what places directions of, shall
extend ...---.35
appointment of medical member of - - - 39
directions of , to be enforced by poor law commissioners
and board of supervision 39
directions and regulations of, to be laid before par-
liament and gazetted - • 43
Guardians of the poor, to take proceedings for removal of a
nuisance ------- 2
duty of, when paupers are attacked with fever - 10
to superintend execution of directions of general
board of health - - - - - - 33
to supply medicines and medical aid - - 33
powers of, to enter upon premises to execute
directions of general board of health - - 41
to appoint officers ------ 41
expenses of, how to be paid- - - - - 42
interpretation of term- ----- 49
H.
Highways, ditches at sides of, to be cleansed by surveyors 22
Highway Acts, certain provisions of this Act to be deemed
part of -------28
Hospitals (fever), notice of intention to build or open, to be
given to general board of health 24
Houses not before inhabited, drainage from, into open ditches 23
cleansing of ------- 27
I.
Informations, how to be laid by corporate bodies 5
Inspector of the poor in Scotland to take proceedings for
removal of nuisances ----- 12
Interment of the dead -------27
Interpretation of terms in Act ----- 48
J.
Joint owners, proceedings against ----- 46
Jurisdiction of commissioners of sewers not to be impaired
by Act 21
Justices, powers of, to order nuisance to be removed - 9, 14
Justices of the peace in Scotland to take proceedings for
removal of nuisances - - - - - 12
Justices to order payment of certain costs out of poor rates 19
90 Index.
PAGE
Justices, power of, to require occupier to permit owner to
execute works ------ 44
Justice, interpretation of term - - - - 48
L.
Legal medical qualification in England - - - - 7
in Scotland ------- x3
Lord Lieutenant to direct provisions of Act in respect to
epidemic diseases to be put in force 26
in Ireland, appointment of commissioners of health by 89
M.
Magistrates, interpretation of term 49
Manure, &c. disposal of - - - - - 10, 15
Medical aid to persons afflicted with epidemic diseases - 33
Medical certificate of state of premises - - - *- 7, 13
Medical member of general board of health, appointment of 39
allowances to------- 39
Medical men, appointment of, to attend epidemic cases of
disease .---.-.41
Medical practitioners to sign certificate - - - - 7, 13
Medical qualification, what is a legal - - - - 7, 13
Medicines, supply of -------33
Misdemeanor, drainage into open ditches from new houses
shall be a -------23
Mode of citing Act -----.-50
N.
'Notice of a nuisance existing, who to be signed by - - 3, 12
Notice as to nuisance existing, service of- - - - 7, 13
Nuisance, what is to be considered a - - - - 4, 12
O.
Obstructing execution of Act, penalties for - 4 -43
Occupier, service of summons to appear - - - - 8, 14'
recovery of costs from ----- 15
power of justices to compel, to allow owner to execute
works ---.---44
not necessary to describe him by name in proceedings 47
Offal, &c. disposal of ------ -10, 15
Officers, appointment of, by guardians 41
Index. 91
PAGE
Officers of health in Ireland to take proceedings for removal
of a nuisance ------ 3
Open ditches, drainage into, from new houses - 28
Open drains, in parishes not under a board of health, course
of proceeding ------ n
Order for removal of nuisance, to he made by justices, or, in
Scotland, by sheriff * - - - - 9, 14
service of - - - - - - - - 9, 14
Overseers, in parishes not under a board of health, may
cover up drains, &c. ----- n
may, in certain cases, execute certain works - - 11
Owner, service of summons to appear - - - - 8, 14
recovery of costs from ----- 15
not necessary to describe him by name in proceedings 47
interpretation of term- ----- 49
Owners (Joint), proceedings against - ... 46
P.
Parliament, orders, &c. to be laid before - - - - 43
Parochial boards to superintend and execute directions of
general board of health- .... 33
to supply medicines and medical aid - - - 38
Parochial board, interpretation of term 49
Penalties, on owner or occupier for not removing nuisance
when ordered - - - - - - 9, 15
for obstructing execution of Act 48
recovery of -------46
application of ------ -46
Person, interpretation of term ----- 49
Poor law commissioners, powers of, to compel execution of
directions of general board of health 39
Poor rates, what expenses are to be defrayed out of - - ' 19
expenses of guardians to be paid out of- - - 42
penalties to be applied in aid of - - - - 46
Power of entry upon premises to execute direction! of general
board of health ------ 41
Privy council to direct provisions of Act in respect to epi-
demic diseases to be put in force 26
orders of, to be laid before parliament and gazetted 43
Proceedings not to be quashed for want of tbrm - - 47
Proceedings commenced under 9 & 10 Vict. c. 96, may be
enforced -------48
Proceeds of sale of sewage, application of 23
92 Index.
PAGE
Procurator fiscal to take proceedings for removal of nui-
sances in Scotland ..... 12
Public Health Act, 1848, Act not to apply to places under 21
Public ways, cleansing of ----- - 27
B.
Recovery of costs ------ 15, 20
Recovery of penalties -------45
Refuse, &c, disposal of ..... 10, 15
Removal of nuisances in England and Ireland, proceedings
in regard to------ 1
in Scotland, proceedings in regard to - - - 11
Removal of nuisances under directions of general board of
health 27
S.
Schedule (A) 51
(B) 52
(C) 54
(D) 56
Service of order for removal of nuisance - - - - 9, 14
Sewage, application of proceeds of sale of - - - 29
Sheriff, power of, to order nuisance to be removed 14
to order payment of certain costs out of poor rates - 20
interpretation of term - .... 48
Streets, cleansing of -------27
Street, interpretation of term- ----- 49
Summons to owner or occupier, service of - - - 8, 14
Surveyors of highways to cause ditches, &c. to be cleansed- 22
T.
Town council to take proceedings for the removal of a
nuisance ------- 1
Treasurer of guardians or parochial board to pay costs of
carrying Act into effect- - - - - 19
Trustees for paving, lighting, &c. to take proceedings for
removal of a nuisance ----- 1
W.
Wells, sinking of, by overseers - - - - - 11
Workhouses, opening fever hospitals in - ... 25
London : Printed by Shaw and Rons, Fetter Lane.
12 * 13 VICTORIA, Cap. 111.
AN ACT
TO AMBfflD THE VXJTBAXCVB BBM0V1L AKD IHSHASBS
PREVENTION ACT, 1848.
1st August, 1849.
Sect. 1. This Act to be construed with Nuisances
Removal and Diseases Prevention Act, 1848, as one
Act] Whereas it is expedient that the Nuisances Re-
moval and Diseases Prevention Act, 1848, should be
amended, and that the powers of the general board of
health in relation to certain of the purposes of that Act
should be extended: Be it therefore enacted by the
Queen's most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal, and
commons, in this present parliament assembled, and by
the authority of the same, that this Act shall b6
deemed to be part of the Nuisances Removal and
Diseases Prevention Act, 1848, and shall be construed
accordingly.
Sect. 2. Power to summon witnesses, $c. in certain
cases.'] And be it enacted, that it shall be lawful for
the general board of health, or any two of the members
thereof,. from time to time as such board shall see
oocaskm, to require, by summons under the seal of the
said board, or if by two only of the members of such
board (a) then under the hands of such two members
• (a) This empowers any two members though not acting as a
board, of their own authority, to issue the summons, provided
it be sealed with the seal of the board in addition to its being
signed by each two members.
9
2 12&18 Viet. e. Ill, e.2.
and the seal of the said board, (according to the form
in the schedule annexed to this Act or as near
thereto as the case will permit,) any person to appear
before such board to testify on oath the truth touching
any matters respecting which the said board are now or
may hereafter be authorized to inquire (which oath
any member of the said board is hereby empowered to
administer) (b).
Penalty for not appearing, or refusing to he sworn.]
And every person who, after tender (i) of reasonable
expenses in that behalf, shall not appear pursuant to
such summons, or shall not assign some reasonable
excuse for not so appearing (d), or refusing to be sworn
(6) No power was conferred by the Act of 1848 (11 & 12 Vict,
c. 123,) upon the general board of health to summons persons to
appear before them, or to inquire into any matters affecting the
public health or the removal of nuisances. * Under the Public
Health Act, 1848, that board is only empowered to direct a
superintending inspector to visit any city, town, borough, parish,
or place, and to make public inquiry and examine witnesses, upon
certain matters relating to drainage, supply of water, burial
grounds, and boundaries, preliminary' to the application of that
Act by order in council or provisional order (ss. 9, 1 0). The only
mutter which the general board of health is authorized by this
Act to inquire into is, the state of burial grounds in any part of
England and Wales excepted from the powers of the Public Health
Act, 1848, or in any populous city or town to which for the time
being that Act has not been applied, with the view to directing
measures of precaution to be taken (s. 9 et seq.), but no general
power to inquire into questions affecting the public health or
existing nuisances is conferred upon the board by this Act or by
the former one.
(c) The tender of reasonable expenses ought to be made when
the summons is served upon the party, or, at all events, a reason-
able time before the time when the party is required to appear to
the summons.
(4) The excuse must be " reasonable/' and should be assigned
by letter, or otherwise, at the time when the party ought to have
Prosecutions for Violation of Regulations. 3
or examined, shall, upon being convicted thereof before
one of her Majesty's justices of the peace or the sheriff
for the county or place at and within which such person
shall have been by such summons required to appear
and give evidence shall be situate, for every such
neglect or refusal forfeit a sum not exceeding twenty
pounds,
• Sect. 8. Secretary of board of health may institute
and carry on prosecution for violation or neglect of
regulations.] (e) And be it enacted, that the secretary
of the general board of health may, on the order of the
said board, sealed with the seal of such board, and
signed by any two members thereof, prosecute any
person for wilful violation or neglect (/) of any direc-
appeared to the summons. It wUl be for the justices or sheriff before
whom proceedings are taken for the enforcement of the penalty, to
determine whether the excuse was " reasonable." Illness of the
party summoned, or dangerous illness of a relative upon whom
he is in attendance, or urgent private or other public business, would
-all seem to be reasonable excuses for not appearing when summoned.
(«) Under the 11 & 12 Vict. c. 123, s. 12, the poor law board,
the commissioners for administering the laws for relief of the poor
in Ireland, and the board of supervision for relief of the poor in
Scotland, were empowered to ,raquire the officers and persons
acting under them to inquire into,: superintend, and report upon
the execution of the directions and regulations of the general
.board of health, and to enforce and direct the execution of such
directions and regulations. But this and the following section,
though they do not impair the powers of the central poor law
authorities, directly empower the secretary of the general board
of health, and the local poor law authorities, to prosecute or
direct any prosecutions or legal proceedings for or in respect of
the wilful violation or neglect of any direction or regulation issued
by the general board of health, or of the commissioners of health
in Ireland. See note (?) to section 12 of the 11 fc 12 Viet,
c. 123, page. 40-
(/) See note 0% page 6.
b2
4 12^13 Tie*, clll,*. 4.
tion or regulation issued by such board under the
Nuisances Removal and Diseases Prevention Act,
184807).
Application of penalties.] And all penalties sued for
and recovered by such secretary shall, notwithstanding
anything contained in the last-mentioned Act, be paid
to him, and be applied in defraying the costs and ex-
penses incurred by him in such prosecutions, and the
balance (if any) shall be applied in such manner as the
lords commissioners of hear Majesty's treasury shall
direct (A); and if the penalties so recovered shall be
insufficient to defray such coste and expenses, the
deficiency shall be defrayed out of any monies which
may be from time to time provided by parliament for
that purpose (i).
Sect. 4. Guardians of the poor, $c. may direct
prosecutions in certain cases,] And be it enacted, that
the guardians, directors, wardens, governors, or over-
seers of the poor, or parochial board, or other like
officers having the management of the poor, or acting
(#) This lection does not apply to the recovery of the penalty
imposed by the preceding section, bat to the regulations issued
by the general board of health, and published in the London
Gazette of 4th April, 1849 ; nor does it apply to the penalties
imposed by the Act of 1848 for neglecting to remove or abate
nuisances when the proceedings are taken under the 1st and 2nd
sections of that Act, or to the proceedings for their recovery.
(h) All penalties imposed by the former Act were to be applied
in aid of the rates or funds for the relief of the poor of the parish,
electoral division, or place in which the penalties were incurred.
(t) An estimate of the costs of proceedings at law of each
public department, the expenses of which are defrayed out of the
consolidated fund, is annually submitted to parliament; and out
of the grant made for the expenses of the general board of health,
these law expenses of the secretary of that board will fall to be
defrayed.
Ex- Officio Guardians to Act a* Justices. A
under th4 authority of any local Act of parliament for
the paving, cleansing, drainage, or lighting any town
or parish, may from time to time direct any pro-
secutions or legal proceedings for or in respect of the
wilful violation or neglect (J) of any direction or regula-
tion issued by the general board of health, or in Ireland
commissioners of health, under the Nuisances Removal
and Diseases Prevention Act, 1848, and may defray the
expenses of such prosecutions or proceedings out of the
funds in their hands applicable to the relief of the
poor (k).
Sect. 5. Ex-qfficio guardians may act as justices.]
And be it enacted, that justices of the peace being
ex-officio guardians of the poor may in all cases, not-
withstanding their holding the office of guardian^
exercise in petty session (l) the jurisdiction vested in
0) The 16th section of the former Act imposed a penalty of 51.
upon any person who wilfully violated any direction or regulation
of the general board of health, but did not provide for the case of
a neglect to comply with those directions or regulations. It will
be observed that the guardians, &c., are now empowered to direct
prosecutions or legal proceedings for or in respect of the wilful viola*
tion or neglect of any direction, &c., but nowhere is any penalty
expressly imposed for any such wilful neglect. Any legal proceed-
ings which the guardians may direct in respect of any such neglect
will therefore be of no avail, unless a " wilful neglect" of the
directions be held to be a " wilful violation" of them.
(A) When the proceedings are taken by the guardians and
penalties recovered, such penalties will be applied in the manner
directed by the 11 & 12 Vict. c. 123, a. 17 ; i. e. in aid of the rates
or funds for the relief of the poor of the parish, electoral division,
or place in which the penalties may have been incurred.
(I) This is similar in effect to the provision in the 5 & 6 Vict,
c. 57, s. 15, in reference to ex officio guardians acting as justices
of the peace at petty, special, or general quarter sessions, in cases
in which the guardians of the union are complainants, or are
6 12 £ 13 Vict. c. Ill, *. 6.
them as justices of the peace under the Nuisances
Removal and Diseases Prevention Act, 1848 (at).
Sect. 6. Guardians of the poor, $c. may take certain
proceedings upon the certificate of the medical or
relieving officer."] And be it enacted, that guardians,
directors, wardens, governors, overseers («), or parochial
board, or other like officers having the management of
the poor, or acting under such authority as aforesaid (o),
upon the receipt of a certificate^) of any medical or
otherwise interested or concerned. The jurisdiction of ex-officio
guardians, it will be observed, is limited to "petty sessions."
It seems doubtful whether justices can receive a complaint and
issue a summons under the 11 & 12 Vict. c. 123, elsewhere
than in petty sessions, and it will therefore be prudent to avoid
such a question, by only receiving complaints when sitting in
petty sessions.
(m) See sections 1, 2, 3, 4, 16, and 17, of 11 & 12 Vict. c. 123.
(n) In reference to the powers expressly given to "overseers"
by this clause in regard to the removal of nuisances, see note (d)
to section 1 of 11 & 12 Vict. c. 123, page 2. The word has
apparently been introduced to remedy the defect in the former
Act in reference to the removal of nuisances existing in parishes
and places not in union under the poor law board, or in which
there are no town councils, trustees, or commissioners of drainage,
Sec. or commissioners of sewers.
(o) Note that it is only the guardians, directors, wardens,
governors, overseers, or parochial board, or other like officers
having the management of the poor, or acting under such autho-
rity as aforesaid (that is, under the authority of any local Act of
parliament for the paving, cleansing, drainage, or lighting any
town or parish), that can, upon the certificate of a medical officer
or relieving officer, compel the removal of a nuisance. When
proceedings are taken by the town council, or commissioners of
sewers, or trustees or commissioners for managing or directing
the police, the notice signed by two or more inhabitant house-
holders of the parish or place to which it relates is still necessary.
(p) This certificate need not be in the form contained in sche-
dule (A) to the 11 & 12 Vict. c. 123 ; but all the other proceedings
Payment of Expenses* 7
relieving 1 officer of the union or parish for which any
such guardians, directors, governors, overseers of the
poor, or parochial board, or other officers, act, stating
the existence of any of the cause or causes of complaint
specified in the sections numbered I. and II. in the
copies of the Nuisances Removal and Diseases Preven-
tion Act, 1848, printed by her Majesty's printers, or in
Ireland upon the receipt of a like certificate of any
such medical or relieving officer, or of any two con-
stables of the constabulary force of the district or place
or of any two constables of the Dublin police within
the Dublin police district, shall take all such pro-
ceedings as by the said sections respectively are re-
quired to be taken upon the receipt of a notice in
writing signed by two inhabitant householders, and in
the same manner (as nearly as may be) as if such
notice had been given.
Sect. 7. Guardians of the poor, $c. may defray
certain expenses without an order of justices, sheriff, or
magistrates.'] And whereas it is enacted by the
Nuisances Removal and Diseases Prevention Act,
1848, that all costs and expenses reasonably incurred
in carrying into effect certain provisions therein con*
tained, and not recovered from any owner or occupier
of the premises in respect of which such expenses shall
have been incurred, shall, upon an order in writing,
specifying the sum to be paid, under the hands and
seals of two justices, or in Scotland under the hands of
the sheriff or magistrate, or two justices, be retained,
paid, or defrayed by the treasurer of the guardians of
must be in conformity with the mode of procedure required by
that Act, and those proceedings may be taken by the committee
of guardians, &c. appointed either temporarily or permanently in
that behalf.
8 12 £13 Ft*. * 111, 4 7.
the poor, or parochial board, or by the overseers of the
poor or other proper officers, oat of the funds in their
hands applicable to the relief of the poor ; and it is
expedient that such costs and expenses should be re-*
tained, paid, and defrayed in certain cases without an
order of justices, sheriff, or magistrates :
Be it therefore enacted, That whenever any such
costs and expenses shall have been or shall be reasonably
incurred by any guardians, directors, wardens, gover-
nors, overseers of the poor, or parochial board, or other
like officers having the management of the poor (q), and
the same shall not have been recovered from the owner
or occupier of the premises in respect of which such
costs and expenses shall have been incurred, such costs
and expenses may, where an order shall have been made
tyr the justices for the removal or abatement of the
nuisance (r), or in any case where the amount shall not
exceed twenty shillings (*), be retained, paid, and de-
frayed by the treasurer of such guardians, tir by such
directors, wardens, governors, overseers, or parochial
(q) This, it will be observed, applies only to the payment of
costs incurred by the guardians, &c. and parochial authorities, and
not to costs incurred by town councils and commissioners of
sewers, or trustees or commissioners for managing or directing
the polioe. An order of justices wifi therefore still be necessary
when the costs have been incurred by the last-mentioned class of
local authorities.
(r) When the costs exceed twenty shillings, and an order has
not been made by the justices for the removal or abatement of the
nuisance, the guardians, directors, &c. cannot defray them out of
the funds m their hands applicable to the relief of the poor without
an order of justices. In such cases, the payment of the costs out
of the poor-rates must be authorized by the justices in the manner
directed by the 4th section of the 1 1 & 12 Vict. e. 129.
($) When the costs are to be paid by the treasurer, the proper
course will be for the guardians to draw a cheque upon that officer
for the amount.
Power to Charge Expenses on Parish. ( 9
hoard, or other like officers, (as the case may be,) out
of the funds in their hands applicable to the relief of
the poor, without the order of any justice or justices of
the peace, anything in the said Act to the contrary not-
withstanding, and be charged as in the said Act
directed (£)•
Sect. 8. Guardians of unions or parochial boards
may charge expenses of removing nuisances on parish,
fyc. where premises situated.] And be it enacted, that
where the guardians of a union or parochial board,
shall in the execution of any order or regulation of the
board of health issued under the authority of the said
herein-before mentioned Act, expend any money in the
removal or abatement of a nuisance, from any private
premises or land, or from any public place they may
if they think fit (u) charge the same (v) 9 where the ex-
penses do not exceed twenty shillings, to the parish or
place, or electoral division in the union (w) or comhi*
(t) Namely, to the parish, electoral division, or place maintaining
its own poor, in which the premises in respect whereof such costs
and expenses shall have been incurred are situated.
(u) If the guardians do not think fit to charge the expenses, to
the particular parish, they must of course charge them to the
common fund of the union as heretofore.
(v) Under the former Act, the expenses incurred by the guar-
dians and parochial boards in carrying into execution the orders
and regulations of the general board of health, were to be defrayed
out of the funds of their respective unions, parishes (i. e. single
parishes in which relief to the poor is administered by a board of
guardians), or combinations— so that these expenses were a charge
upon the common fund of the union or combination, notwith-
standing that they might have been incurred for the benefit of a
particular parish only ; but now these expenses may* in certain
cases, be charged to the parish instead of to the common fund,
(to) These words " or electoral division in the union" appear to
refer to the electoral divisions of unions in Ireland, and are im-
properly introduced here. The authority of the general board of
b3
10 12 # 13 Vict. c. Ill, s. 8.
Nation wherein the premises shall be situated in respect
whereof such expenses shall have been incurred, and
where they exceed twenty shillings, and the guardians
or the majority of the guardians, if more than two
guardians of such parish, electoral division or place,
object in writing to the said expenses being so
charged (a?), then only upon an order in writing under
the hands and seals of two justices, or in Scotland
under the hands of the sheriff or magistrates, or two
justices, who are hereby required to make such order (y)
upon application on behalf (z) of such guardians.
■ ' ■ ■
health does not extend to Ireland ; and as the clause relates to the
rales and regulations of that board only, and not to the rules and
regulations of the commissioners of health in Ireland, it follows
that in Ireland the expenses to -which this clause has special refer-
ence must still be defrayed out of the common fund of the union.
(x) In most cases this objection will be made at a meeting of
the guardians, but it need not necessarily be so made — it will be
sufficient if a written paper signed by an absolute majority of the
elected guardians of the parish, objecting to the expenses being
charged upon the parish, be sent in to the clerk of the union as
the officer of the guardians — and it would seem that the objection
should be made before, the expenses are actually charged to the
parish in the minute book of the guardians.
(y) It will be here remarked that the making of this order is a
ministerial act of the justices, which the Act in terms makes it
imperative upon them to make upon the application of the guar-
dians ; so that practically, if the majority of the guardians resolve
to charge the expenses to a particular parish, the guardians of that
parish, if in a minority, appear to have no power to prevent them
ultimately from doing so.
It is difficult to see what the framers of the Act intended to
effect by this section ; but in case such an application should be
made to justices, it would be advisable for such justices, in all cases,
to summon the dissentient guardians, to show cause why the order
should not be made, and should they show sufficient grounds the
order may very safely be refused by the justices.
(z) The clerk will be the proper officer to make the application
ob behalf of the guardians.
Burial Grounds. 11
Sect. 9. General board of health may cause inquiry
to be made into state of burial grounds.] And be it
enacted, that it shall be lawful in England or Wales
for the general board of health, and in Ireland for the
commissioners of health, to cause inquiry to be made
by a superintending inspector, or by such other ways
and means as the general board of health or such
commissioners may deem fit to direct, into the state of
the burial grounds in any part of England or Wales
excepted (a) from the powers of the Public Health
(a) The following are the places excepted from the powers of
the Act referred to : —
1. The city of London, and the liberties thereof.
2. The parts within the limits of certain commissions of sewers
bearing date at Westminster, the 30th of NoTember, 1847 ;
also the parts within the limits of a certain other commis-
sion of sewers, bearing date at Westminster, the 4th of
December, 1847.— Mr. Lawes, in his edition of the Public
Health Act, 1848, describes the limits of these several
commissions thus:—- In the Tower HamleU commission,
—"the limits of the Tower Hamlets (excluding Saint
Catherine's and Blackwall Marsh), in the county of Mid-
dlesex," and " the borders or confines of the same ; " in the
Saint Catherine's Commission, — "the precinct of Saint
Catherine (exclusive of the Tower Hamlets and the liberties
thereof), in the county of Middlesex," and " the borders or
confines of the same;" in the Poplar and Blackwall com-
mission,—" the limits of and between Iimehouse and Black-
wall, in the several parishes of All Saints Poplar and Saint
Anne, in the county of Middlesex, called Poplar Marsh,
otherwise Stebunheath Marsh, in the said county, siding to
the river Thames, opposite to Deptford and Greenwich
marshes, in the county of Kent," and " the borders or con-
fines of the same; in the Holborn and Finsbury commission,
— "the limits of the Holborn and Finsbury divisions, the
parish of Saint Leonard, Sboreditch, and the liberty of Norton
Falgate, in the county of Middlesex," and " the borders or
confines of the same; in the Westminster commission, — " the
limits of the parishes of Hampton, Teddington, Twickenham,
12 12 Sf 13 Viet 6. Ill, s. 9.
Act, 1848, or in any populous city, town, o* place in
England or Wales to which for the time being the
said Act has not been applied, (b) or in any populous
city, town, or place in Ireland (e).
Isleworth, Hanwell, Brentford, Acton, Eating, Hammer-
smith, Fumam, Kensington, and Chelsea, in the county of
Middlesex." "the city and liberty of Westminster and
precincts of the same, and to Temple Bar, within the said
county, and from thence to and within the parish of Saint
Giles-in-tbe-Fields and Saint George Bloomsbury, Saint
Pandas, Saint Mary-le*bone, Hampstead, Willesden, and
Paddington, and so to the river Thames, m the county
aforesaid," and the borders or confines of the same ; u in
the Surrey and Kent commission, — " the limits of the district
extending from East MouMsey, in the county of Surrey, to
RaTeasbourne, in the county of Kent," and "the borders
or confines of the same ;" tn the Greenwich commission,—
"the limits extending from the head of the river Ravens-
bourne to Lombard's Wall," in the county of Kent, and
" the borders or confines of the same."
S. The parts subject to the jurisdiction of the commissioners
acting in the execution of the 6 Geo. 4, c. 100, for (amongst
other things) more effectually, paving, lighting, watching,
cleansing and regulating the Regent's Park, and in the exe-
cution of the several Acts for extending the jurisdiction of
such commissioners.
(b) With reference to burial grounds within districts in which
a local board of health has been established, see the Public Health
Act, 1848, ss. 8, 88— which empower the general board of health
to cause inquiry to be made by a superintending inspector into
the state of such grounds— and when they are found to be in such
a state as to be dangerous to the health of persons, living in the
neighbourhood of them, to certify the same in the London Gazette
and m some one or more of the public newspapers usually cir-
culated within the district,— and after the day to be named in
such certificate, it shall not be lawful to bury or permit or suffer
to be buried any further corpses or coftns in, within, or under the
ground, church, or place of worship, to which the certificate
relates.
(e) Note that the powers of the general board of health in
respect to burial ground* do not extend to Scotland.
Burial Grounds. 13
•And may direct measures of precaution.] And if it
appear to the general board of health or the said com*
missioners that any such burial ground is in such a
state as to be dangerous to the health of the persons
living in the neighbourhood thereof, it shall be lawful
for the said, general board of health, in England and
Wakey under the seal of the said board, and under
the hands af two or more members thereof, and the said
commissioners of health in Ireland, under the hands of
two or more of them, to issue such orders as the said
board or commissioners respectively may think fit for
the application of such disinfecting substances/ (d) and
for the adoption of such other measures of precaution
in relation to the premises, as may, in the opinion of
the said board or commissioners of health, tend to lessen
or remove the danger to health.
Churchwardens to carry out orders of general board
of healthy and pay expenses out of poor-rate.] And the
churchwardens and other persons having the care and
control of the burial grounds to which such orders shall
relate shall do all such works and matters in relation
thereto as by such orders may be directed, and all
expenses incurred in the execution of such orders shall
be defrayed out of the poor rates of the parish (e).
Limitation of powers of general board of health to
(d) See note (p) to edition of former act, page 27, for a descrip-
tion of the disinfecting properties of Sir Wm. Burnett's patent
fluid.
(e) If the churchwarden (he being ex qjfleio an overseer of the
parish) have in his custody any money collected from the poor*
rate, he will be entitled to apply that money in payment of these
expenses ; but If he has no such parish moneys in his custody,
his proper course will be, to certify on the face of tbe bill that it
was incurred in pursuance of an order of the general board of
health in that behalf, and then apply to his co-overseer to pay
the expenses out of such parish moneys as he may have in his
possession*
14 12 £ 18 Vict. e. Ill, s. 10.
make orders.] Provided always, that no such order as
aforesaid shall be made after the end of the next session
of parliament.
Sect. 10. Where churchyard is dangerous to health,
churchwardens may agree for the burial of parishioners
in the ground of any cemetery company or in the burial
ground of any other parish.] And be it enacted, that
where it appears to the general board of health, or the
commissioners of health in Ireland, that the church-
yard or other burial ground of any parish is dangerous
to health as aforesaid, and that temporary provision for
interment elsewhere is urgently required, the church-
wardens of such parish, with the consent of the bishop
of the diocese (/), and the approval of such general
board of health, or commissioners of health in Ireland,
(J) The agreement is not to be made without the consent of the
bishop of the diocese, but the consent of the incumbent of the
parish is not necessary. Doubtless the bishop, before he gives his
consent to the burial of the parishioners elsewhere than in the
parish churchyard, will require that the fees which the incumbent
would have been entitled to had the burial taken place in the
churchyard, shall continue to be duly paid to him by one or other
of the parties to the agreement. But if the agreement be with
the minister and churchwardens of another parish, inasmuch as
the minister of that parish would in ordinary cases be entitled to
more than the customary fee payable on the burial of a parishioner,
he will hardly be disposed to forego the customary fee in favour
of the minister of the parish from whence the body was removed
for burial. Again, if the agreement be made with a cemetery
company, it will be a question whether the churchwardens or the
executors, or parties who are at the charge of burying the body
of the deceased party, are to pay the charge of the company for
breaking the ground, and also whether the executors or such parties
could be compelled to pay such a charge, as by the custom of
England nothing is payable on the burial of a parishioner in his
own parish churchyard for breaking the ground. But the church-
wardens may agree with the company that the customary fee
Burial Grounds. 16
shall, if possible, either agree with any cemetery com-
pany for the burial in the ground of such company of
the bodies of persons having right of burial (g) in the
churchyard or other burial ground of such parish, or
agree for the burial of such bodies in the churchyard
or burial ground of any other parish of which the
minister and churchwardens may consent thereto (h),
and make all proper arrangements in relation to
such burials :
Agreement to be submitted to vestry.] Provided
always, that where any such agreement as aforesaid
shall be proposed to be made by the churchwardens
of any parish, such churchwardens shall submit such
proposed agreement to a meeting of the vestry, or
persons having the powers of vestry, in such parish,
and if the majority of persons assembled at such
meeting shall disapprove such agreement the church-
wardens shall not proceed therewith.
Payment of Expenses.'] And the expenses incurred
by such churchwardens in relation to such agree-
ment, and in carrying the same into effect (i), shall be
paid out of the poor rates of their parish.
which would be payable to the minister of the parish if the burial
took place in the parish churchyard, shall, notwithstanding the
burial in the cemetery, be paid by the company to the minister.
(g) By the custom of England, every person has a right of burial
in the churchyard of the parish where he may die, and that right
does not in any way depend upon the person having a legal settle-
ment in the parish.
(A) Ordinarily a dead body may be buried in the churchyard of
another parish than the one wherein the death may have taken
place, if the consent of the minister and churchwardens be ob-
tained, but not otherwise.
(t) It is presumed that these words are intended to authorize
the payment out of the poor-rates of any sum which may be
agreed to be paid to the cemetery company, or to the other parish
for the use of the cemetery or burying ground, and also the
16 12 # 13 Vict. e. Ill, s. 11.
Limitation as to time when agreement maybe made.]
Provided also, that no such agreement as aforesaid shall
be made after the end of the next session of parlia-
ment ( j).
Sect. 11. General board of health may direct in-
quiries, where it may be expedient to prohibit interment]
And be it enacted, that where upon any such inquiry
as aforesaid it appears to the general board of health
that the state of the burial grounds in any parish, or
in any parishes which may be conveniently united for
the purposes hereinafter mentioned, and the circum-
stances of such parish or parishes render it expedient
for the protection of the public health, that interments
should be prohibited in such parish or parishes, except
as after mentioned, and that a burial ground or burial
grounds should be provided for such parish, or for the
common use of such parishes, the general board of
health may direct a superintending inspector to make
inquiry, in the manner directed by the Public Health
Act, 1848, (h) or as near thereto as circumstances will
expenses which the churchwardens may be put to in making "all
proper arrangements in relation to such burials." If so, the inten-
tion might have been more definitely expressed ; and it would seem
that the expenses in relation to the agreement are to be paid out
of the poor-rates, whether the agreement is confirmed by the
vestry or not.
0) But this will not affect agreements which have before that
time been entered into, which will be binding upon the respective
parties for the period over which they may be made to extend.
(ft) Before proceeding with the inquiry, the inspector must give
{fourteen days' notice of his intention to make the same, and of
the time and place at which he will be prepared to hear all persons
desirous of being heard before him upon the subject of the inquiry,
by advertisement in some one or more of the public newspapers
usually circulated in the parts to which the inquiry will relate ;
and by causing such notice to be affixed on the doors of the prin-
Burial Grounds. 17
permit, into all the circumstances connected with the
paroohial and other burial grounds of such pariah or
parishes, and as to the place or places in which an y
burial ground or burial grounds might be provided,
either within or beyond the limits of such parish or
parishes, and as to the means which might be provided
for the conveyance of bodies for interment, and any
other arrangements which might be practicable for
facilitating the convenient interment of bodies in the
burial ground or burial grounds to be so provided, and
as to the rights in any burial ground in such parish or s
parishes, not being a parochial burial ground, which
might be affected by the prohibition of interments in
such parish or parishes, and as to the proportions in
several parishes (if more than one) should contribute to
the expense of providing and maintaining a common
burial ground or common burial grounds for such
parishes, and into such other matters as the general
board of health may think necessary for the purpose of
enabling them to judge of the propriety of framing a
scheme (I) to be submitted to parliament as hereinafter
mentioned, and of the provisions which should be
inserted therein.
Superintending inspector to report result of his
inquiries.] And such superintending inspector shall
report in writing, in such manner as the general
board of health shall direct, the result of his inquiries
in relation to the premises.
Sect. 12. Upon report, board of health may frame
dpal churches, chapels, public buildings, and places where public
notices are usually affixed within such parts, and in such other
manner as may appear to the inspector to be necessary.
(I) As 'to the points which the scheme is to embrace, see
section 12. The '' scheme," it will be observed, will have no force
or effect in law until it is confirmed by parliament
18 12 £ IS VuA. e. Ill, s. 12.
a scheme for providing new burial grounds.'] And be it
enacted, that upon the presentation of such report the
general board of health shall cause a copy thereof to
be transmitted to the bishop of the diocese, and copies
thereof to be published, in such manner as they may
direct, in the parish or parishes to which such report
relates, and to be deposited with the minister and with
the churchwardens of such parish or each of such
parishes. .
And the general board of health shall receive all
such statements in relation to the matter of such
report as shall be delivered within a time to be limited
by the said board in this behalf, and may, where they
think fit, cause further inquiry to be made in relation
to the matter of such report.
And if after such inquiry and report, or further
inquiry as aforesaid, it appear to the said board
expedient so to do, they may frame a scheme in
which shall be set forth such provisions as to the
said board under the circumstances of each case
may appear proper for providing a burial ground
or burial grounds for such parish or parishes as
aforesaid, either within such parish or any of such
parishes, or beyond the limits thereof, as the case may
appear to require, to be in law the burial ground for
the parish or for each of the parishes for the common
use of which the same is or are provided, and for the
maintenance and due management and control of such
burial ground or burial grounds.
For securing to the ministers and others having rights
in respect of burials in the burial grounds in which
interment is to "be prohibited compensation by like
rights in respect of burials in the burial ground or
burial grounds proposed to be provided or otherwise,
and for providing and securing rights in such burial
Burial Grounds. 19
ground or burial grounds in substitution for other
rights (which in the opinion of the board may require
to be compensated) in grounds in which interment is
to be prohibited.
For the election or appointment of persons to enter
into contracts for providing such burial ground or
burial grounds, and to maintain and manage the
same.
For facilitating the conveyance of the bodies of the
dead from the place of death to such burial ground
or burial grounds.
For determining the proportions in which the expense
of providing, maintaining, and managing such burial
ground or burial grounds, where the same is or are
provided for the common use of any parishes, shall be
defrayed by such parishes respectively.
For prohibiting, after such burial ground or burial
grounds shall be provided, interment in such parish
or parishes, except in such cases as it may appear to
the said board may be specified and excepted.
And generally for and concerning all matters in
relation to such burial ground or burial grounds as
aforesaid^ and the arrangements consequent upon the
prohibition of interments as aforesaid.
Provision for approval of bishop of diocese.]
Provided always, that all provisions which shall be set
forth in such scheme concerning the consecration of the
burial ground or burial grounds to be provided, and
concerning the burial of members of the united church
of England and Ireland, and the compensation to be
provided for rights in respect of burials and other rights
of ministers of the said united church which may be
affected by the prohibition of interment in parochial
and other burial grounds, be approved by the bishop of
the diocese.
SO 12 $ ia Viet. c. Ill, ss. 13, 14.
Presentation of scheme and reports to parliament.]
Prorided also, that such scheme, with the reports of
the superintending inspectors in relation to the matters
thereof, shall be presented to both houses of parlia-
ment forthwith after the framing thereof, or, if parlia-
ment be not then sitting within fourteen days after
the next meeting thereof.
Sect. 13. Short title of this Act.] And be it enacted,
that in citing this Act in any Aot of parliament, deed,
instrument, or other proceeding it shall be sufficient to
use the words "The Nuisances Removal and Diseases
Prevention Amendment Act, 1849."
Sect. 14. Aet may be amended, £c] And be it
enacted, that this Act may be amended or repealed
by any Act to be passed this present session of
parliament.
Schedule. 21
SCHEDULE
TO WHICH THIS ACT REFERS.
Form of Summons.
We, the general board of health, [or we, whose names are
hereunto set, being two of the members of the board of
health,] do hereby summon and require you personally to
appear before the general board of health, at , in the
parish of , in the county of , on next, the
day of , at the hour of in the noon of the
same day, and then and there to be examined, and to testify
the truth touching certain matters with respect to which
the board is authorized to inquire.
Sealed with the seal of the general board of health, [or
given under our hands and seals, and the seal of the general
board of health,] this day of , in the year of our
Lord one thousand eight hundred and •
INDEX.
• PAGE
Act incorporated with former Act 1
Agreements for burial of dead, when churchyard dangerous to
health -14
to be submitted to vestry ----- 15
payment of expenses ------ 15
limitation of time for making - - - - 16
Application of penalties -------4
B.
Bishop of diocese, consent of, to agreements for burial of
.dead --------14
approval of, to scheme for provision of new burial
grounds -------19
Burial of parishioners when churchyard dangerous to health 14
Burial grounds, measures of precaution to be taken as
directed by general board of health - 13
inquiry to be made into state of, in certain cases - 11
expenses of churchwardens, to be paid out of poor
rates - - . - - - - - -13
orders of general board of health as to, to be carried
out by churchwardens ----- 13
inquiry into state of - - - - - - 16
scheme for providing new, to be framed by general
board of health 18
C.
Cemetery company, agreements with, for burial of dead - 14
Certificates of existence of nuisance ----- 6
Churchwardens, to carry out directions of general board of
health as to burial grounds - - - - 13
to make agreements for burial of the dead when church-
yard dangerous to health - - - - 14
to submit agreements for burial of dead to vestry - 15
24 Index.
PAGB
Constables of constabulary force in Ireland, certificate of
existence of nuisance ..... 7
Churchyard dangerous to health, course of proceeding - 14
D.
Directions of general board of health, prosecutions for vio-
lating or neglecting - - - - - 3, 4
Dublin police, certificate of constables of, as to nuisance - 7
£.
Bx-officio guardians, power to act as justices ... 5
Expenses, of prosecutions, payment of 5
payment of, in certain cases, without an order of
justices -..-...7
power to charge, to parish benefited 9
incurred in regard to burial grounds, payment of - 13
G.
General board of health, power to summon witnesses }
secretary may prosecute in certain cases ... 3
prosecutions for violating or neglecting directions of - 3, 4
to inquire into state of burial grounds - - - 11
may direct measures of precaution as to burial grounds 13
to direct inquiry when expedient to prohibit interments 16
power to frame scheme as to burial grounds - s - 17
Guardians may pay expenses in certain cases, without -an
order of justices ...... 7
power to charge expenses to parish benefited - -9
may direct prosecutions in certain cases 4
may act on certificate of medical or relieving officer - 6
I.
Inquiry into state of burial grounds - 11
Incorporation of Act with former Act 1
J.
Justices, ex-officio guardians may act as - • - 5
M.
Medical officer, to give certificate of <«<*«■*« of anjaaoce • - 6
Indei. 25
PAGE
O.
Overseers may direct prosecutions in certain cases - - 4
may act on certificate of medical or relieving officer - 6
payment of expenses in certain cases, without an order
of justices -------7
P.
Parishioners, burial of, when churchyard dangerous to health 14
Parliament, scheme for establishment of new burial grounds
to be presented to- - - - - -20
Parochial board may direct prosecutions in certain cases - 4
may act on certificate of medical or relieving officer - 6
payment of expenses in certain cases, without an order
of justices -------7
power to charge expenses to parish benefited 9
Parochial burial grounds, inquiry into state of - - - 16
Payment of expenses in certain cases, without an order of
justices ------- t
Penalties ---------2
application of -------4
Poor-rates, expenses of churchwardens as to burial grounds
to be paid out of - - - - - - 13
expenses attending agreements for burial of dead to
be paid out of ------ 15
payment of expenses out of, in certain cases, without
an order of justices ----- 7
Prosecutions by secretary of general board of health 3
by guardians, &c. -.-----4
payment of expenses of - - - - - -5
R.
Relieving officer to give certificate of nuisance 6
Reports of superintending inspectors to be presented to par-
liament --»-.- -20
S-
Schedule — form of summons ------ 21
Scheme, of general board of health, as to new burial grounds 18
as to new burial grounds, to.be presented to parlia-
ment - - - - - -.- -20
c
36 Index.
PAGE
Secretary of general board of health, may prosecute in certain
cases --------3
Summons, form of- - - - - - . - -21
Superintending inspector to inquire into state of burial
grounds ------ 11, 16
T.
Title of Act - - - - 20
«
V.
Vestry, agreeements for burial of dead to be submitted to - 15
W.
Witnesses, power to summon ------ l
penalty for not appearing when summoned 2
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A. Notice by Householder.
B. Summons to appear.
C. Order for Removal of Nuisances.
D. Order to permit execution of Works by Owners.
E« Notice by a Committee of a Town Council, Ac.
to the Owner or Occupier of Premises com-
plained of, as being in a filthy and unwhole-
some condition, that they will enter into and
examine the state of the same.
F. Complaint to a Justice that certain Premises are
in a filthy and unwholesome condition, in order
to obtain a Summons against the Owner or
Occupier*
6. Medical Certificate.
H. Register Book of Nuisances, 4to. dble medium,
naif-bound, 20*.
I. Certificate of Medical Officer.
J. Notice of Entry by Public Authorities.
K. Information, under s. 1.
lu Summons to the Defendant, under *. 1.
M. Order for Payment of Money, to be levied by distress,
and in default of distress, imprisonment, under
s. 17.
N. Warrant of Distress upon an Order for the Payment
of Money, under «. 17.
NEW FORMS UNDER THE NUISANCES REMOVAL
AMENDMENT ACT, 1849,
12 & 13 VICTORIA, CAP. 111.
A. 1. Certificate by Medical or Relieving Officer of
existence of Nuisance, under s. 6.
E. 5. Notice by a Committee appointed for the purpose,
to the Owner or Occupier of Premises, that
they will enter into and examine the same ;
under s. 1.
F. 6. Complaint by a Committee to a Justice that cer-
tain Premises are in a filthy, &e. condition
to obtain a Summons against the Owner or
Occupier, under s. 1.
J. 10. Notice of Entry by Public Authorities.
Show $ Sans, Fetter Lane.
Just Published, price 8*. Second Edition.
THE ACTS FOR PROMOTING TBI
PVBUC HEALTH, 1848 and 184*,
WITH NOTES, AN ANALYTICAL INDEX,
AND
THE NUISANCES REMOVAL AND DISEASES
PREVENTION ACTS, 1848 and 1849;
60MB ADDITIONAL FORMS, AND A TABLE OF RATES
LBVIABLE UNDER THE PUBLIC HEALTH ACTS.
By EDWARD LAWES, Esq. Barrister-at-Law.
This day is Published, price 8*. Third Edition.
THE NUISANCES REMOVAL AND DISEASES
PREVENTION ACTS, 1848 and 1849;
(11 & 12 Vict. c. 123 ; 12 & 13 Vict. c. Ill),
WITH PRACTICAL NOTES AND APPENDIX,
CONTAINING
THE DIRECTIONS AND REGULATIONS OF THE GENERAL' BOARD
OF HEALTH, WITH INDEX.
By WILLIAM CUNNINGHAM GLEN, Esq^
BARRISTHR-AT-LAW. .
This Day is Published, price Is.
GLEN'S NUISANCES REMOVAL
AND
PREVENTION AMENDMENT ACT, 1849,
WITH
PRACTICAL NOTES AND INDEX.
BY
WILLIAM CUNNINGHAM GLEN, Esq.
BARRISTER-AT-LAW.
In the Press, and shortly uriU be published,
TBS LOCAL BOARD OF HEALTH
ELECTION MANUAL.
By W. G. LUMLEY, Esq. Barrister-at-Law,
AND ASSISTANT SECRETARY OF THE POOR LAW BOARD.
